On Tuesday attorneys for former President, Donald Trump requested the US Supreme Court step into the dispute with the Justice Department. In August, thousands of items including 100 classified records were taken from Trump’s Mar-a-Largo residence in an FBI raid.  

In a 296-page filing, the 45th president’s attorneys request the justices to stay an order from the 11th Circuit Court of Appeals that removed approximately 100 classified documents from the special master’s review.

And allowed the DOJ to continue using documents marked as classified in the criminal investigation of whether Trump violated federal law relating to custody of government records.

 DOJ efforts had been stayed by a ruling of Judge Cannon pending the Special Master review.

The DOJ took the case to the 11th Circuit Court of Appeals to request they continue a review of classified materials seized from Mar-a-Lago. The DOJ is claiming that any delays create a national security emergency. 

U.S. Supreme court filing

The Trump team filed an “Application to Vacate the Eleventh Circuit’s Stay of and an Order issued by the U.S District Court for the Southern District of Florida.”

In the application, Trump's attorneys argue that it is essential for the special master to have access to the classified records to “determine whether documents bearing classification markings are in fact classified, and regardless of classification, whether those records are personal records or Presidential records.”

“Since President Trump had absolute authority over classification decisions during his Presidency, the current status of any disputed document cannot possibly be determined solely by reference to the markings on that document,” the plea to the Supreme Court states.

The document adds that without the special master review, “the unchallenged views of the current Justice Department would supersede the established authority of the Chief Executive.” 

Special Master background 

After the documents were removed the Trump team to the case to Florida US District Judge Aileen Cannon.

She ordered the appointment of a neutral third party. The special master was brought on to review the thousands of documents and determine whether they were covered by executive privilege, attorney-client privilege, or other protections. 

The special master, Raymond Dearie, claimed Trump doesn’t need to confirm that the FBI’s list of classified documents and other items seized in the raid is accurate.

Dearie requested the 45th president’s team file a declaration regarding the validity of the inventory.  Trump was claiming that agents possibly planted some of the documents removed from his Palm Beach resort during the Aug. 8 FBI raid.

Judge Cannon agreed with Trump’s attorneys, who argued the Special Master’s request overstepped the bounds of Cannon’s order that asked the government for a certified inventory list.

In a six-page ruling, Cannon wrote “The Court’s Appointment Order did not contemplate [Trump’s] obligation,” adding “the parties and the Special Master now are situated to proceed forward with the review process.”

Currently the Trump team filing is "in-review" by the U.S. Supreme Court.