Published by The Lawfare Institute
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On Nov. 10, attorneys representing former President Donald Trump filed a brief and supplemental appendix in the United States Court of Appeals for the Eleventh Circuit in response to the Justice Department’s appeal of U.S. District Court Judge Aileen Cannon’s Sept. 5 order. The brief requests the court affirm the district court’s order enjoining the government’s use of materials recovered during the Aug. 8 search of the former president’s Mar-a-Lago residence and appointing Special Master Judge Raymond Dearie to review the seized materials.
Attorneys for the former president argued that the order appointing a special master “is not appealable” and that the court lacks jurisdiction. They also argued that if the court does find it has jurisdiction regarding the appointment of a special master, it should affirm the order and find that the district court exercised appropriate discretion “due to the exceptional circumstances presented.” The brief further argued that the district court “did not abuse its discretion” when it issued the temporary injunction preventing the government's use of seized materials due to the “unprecedented nature of [the] investigation…”