Executive Branch

Trump Files Response to Justice Department Appeal in Eleventh Circuit

Hyemin Han
Tuesday, September 20, 2022, 12:09 PM

Former President Donald Trump filed his response to the Justice Department's motion for partial stay pending appeal in the Eleventh Circuit.

Published by The Lawfare Institute
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Former President Donald Trump filed a response to the Justice Department's motion for partial stay in the Eleventh Circuit. Trump's filing asked the court uphold Judge Aileen Cannon's Sept. 15 order denying the government's original motion for partial stay, which would leave in place the injunction preventing the government from reviewing and using the 100 documents marked as classified in its ongoing criminal investigation of Trump. In support of his argument, Trump asserted that the Justice Department "misconstrues" Rule 41(g) standing, that it has not yet proven that the documents in question are in fact classified, and that it ignores that Trump could have "a cognizable interest in his own Presidential records." It also argued that the court lacks jurisdiction to rule on the matter because the government's motion is an improper interlocutory appeal.

You can read the response 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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