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Fed Court Issues Critical Ruling In Motion Filed By Biden’s DOJ Against Trump

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Republicans and even Democrats have harshly criticized the unusual raid on Trump’s resort.

For instance, Megyn Kelly, a former Fox News personality, called the raid “bulls**t” on her podcast a week after it took place and said she thought it was politically motivated.

“This is about January 6. If you believe this has to do with classified documents, having to do with b***s**t Trump took with him when he left office, your head is in the sky. This is about January 6 and the never-ending desire to get Donald Trump on something,”Kelly stated.

“They don’t want him to run for election again. They’re mad that he did not get convicted on the first or second impeachment, they are mad that he did not get pursued criminally by the New York D.A.,” she continued.

She continued, “They are mad Russia-gate fell apart, and they are mad he is ahead in the polls, crushing DeSantis, and that his candidates of choice all [won primaries] last week, and the Democrats are prepared to play dirty.”

Not only Kelly but others are inquiring about the raid.

According to earlier reports, on August 8, FBI agents raided Trump’s Palm Beach, Florida, estate and removed approximately 100 documents marked with national security markings.

Trump has often asserted in public that before leaving office, he declassified every document in his possession.

Trump asked for a special master to review the records in addition to the FBI’s review, and one has now been appointed as a result.

This ought to result in some official explanation of the documents.

On Tuesday in New York City, special master Raymond Dearie will meet with attorneys representing the former president and the Justice Department.

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According to a report from Fox News on Friday, former chief federal judge Dearie, who was chosen as a special master by U.S. District Judge Aileen Cannon earlier this month, ordered the attorneys for both sides to meet for a “preliminary conference.”

Justice Department attorneys claimed that, despite the fact that Cannon’s guidance seemed to give the FBI permission to take some actions related to the criminal investigation, the bureau was left to “to discern that line for themselves on pain of contempt should the court later disagree with their judgments — a threat that will inevitably chill their legitimate activities.”

A federal appeals court has now ruled on a Justice Department request for access to sensitive records that were taken from the Mar-a-Lago resort of former President Donald Trump earlier this month.

According to Fox News, the 11th Circuit Court of Appeals gave Trump’s legal team until Tuesday at noon to respond to the DOJ’s request to keep utilizing the records in its probe.

Prior to Dearie having a chance to examine the confiscated documents for assertions of executive and attorney-client privilege, Cannon had already prohibited the Justice Department from having access to them.

Fox News added that “the Justice Department’s investigation, which is being delayed by the special master process, is reviewing documents recovered by the FBI during its search of Trump’s Florida property.”

Trump and his attorneys are expected to meet with the special master on Tuesday.

Friday night, prosecutors requested that a prior judge’s injunction preventing investigators from accessing the materials be lifted in a file with the appeals court in Atlanta, according to Politico.

Politico also said:

The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.

The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.

Federal prosecutors said that where it has cause to suspect that obstructive conduct may hinder its investigation, as in this case, “The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation.”

In addition, prosecutors said that denying access to the records was harmful to the American intelligence community.

The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to the identification of other records still missing,” said the filing.

The appeals court filing claimed the government faces irreparable harm from Cannon’s previous ruling barring prosecutors and investigators from the documents while they are assessed by a special master, who will also consider any objections to the seizure of the documents filed by Trump’s legal team, Conservative Brief reports.

“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” the Justice Department attorneys noted in their filing.

“It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”

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