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.
