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The Justice Department has asked the 11th Circuit to continue using classified documents seized from former President Donald Trump’s Mar-a-Lago property in criminal investigations.

The DOJ’s request comes after a special master was appointed to review documents seized from Trump’s Florida property.

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New York Judge Raymond Deary appointed as Special Master in Trump March-a-Lago Case

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“While the Government is of the view that the District Court is fundamentally at fault in appointing a Special Master and granting injunctive relief, the Government only wishes to withhold certain parts of the order which would cause the Government and the public the most serious and immediate The disadvantages are (1) restricted government review and use of records bearing classification marks and (2) requiring the government to disclose those records to the special-master review process,” the DOJ wrote.

Friday’s motion is a partial appeal that would allow prosecutors to continue working with the documents while Raymond Deary, the special master appointed by Judge Eileen Cannon, reviews them.

U.S. Attorney General Merrick Garland makes a statement at the Department of Justice on April 26, 2021 in Washington, DC.  Garland announced that the Justice Department would begin an investigation into the policing practices of the Louisville Police Department in Kentucky.  Reports of any constitutional and unlawful violations will be published.

Prosecutors argued in the motion that Trump would not be able to claim executive privilege on the documents, which are the property of the executive branch. He also urged the court to rule on his proposal expeditiously as “the public will suffer irreparable harm if there is no stay.”

The DOJ also argued that allowing prosecutors to continue to use classified documents in criminal investigations would not interfere with Diary’s review process.