Executive Branch

Justice Department Files Reply in Eleventh Circuit Litigation

Hyemin Han
Wednesday, September 21, 2022, 7:12 PM

The Justice Department's reply relates to its motion for partial stay pending appeal in the Eleventh Circuit.

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On Sept. 20, the Justice Department filed a reply in ongoing Eleventh Circuit litigation regarding its use of 100 documents marked as classified that had been siezed at former President Donald Trump's Mar-a-Lago residence. The Justice Department's filing relates to its motion for partial stay pending appeal, which requested that the court overturn that portion of U.S. District Judge Aileen Cannon's Sept. 5 order that enjoined the government from reviewing and using those documents until a special master has conducted a privilege review.

In its reply, the Justice Department asserted that Trump does not have any claim of privilege or return of property with respect to the materials marked as classified, and further argued that any claims disputing classification status are irrelevant because the classification markings establish that the documents in question are government documents. It also addressed Trump's jurisdictional objection that the government had filed an improper interlocutory appeal, stating that because Cannon ordered an injunction in her Sept. 5 order, and because the injunction is tied to the work of the appointed special master, the court has jurisdiction to consider the motion. 

You can read the government's reply here or below:


Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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