A panel of three appeals court judges appeared skeptical that the federal government violated Donald Trump’s rights when it searched Mar-a-Lago, questioning whether a lower court judge was wrong to appoint an outside expert to review the documents seized.
During oral arguments at the U.S. Court of Appeals for the 11th Circuit, the Justice Department attempted to convince the judges that the neutral arbiter, known as a special master, should never have been appointed. Justice Department attorney Sopan Joshi told the panel Trump has failed to prove that he suffered the “irreparable harm” from the seizure that would legally necessitate a special master. He called the appointment an “intrusion” on the executive branch.
Joshi, who argued the case for the Justice Department, is a former clerk for conservative Supreme Court Justice Antonin Scalia who now works in the solicitor general’s office — argued the case for the Jo. This is the first time the Justice Department has used a lawyer from the solicitor general’s office in the special master proceedings, a sign that the government views the appeal as an important case that could potentially reach the Supreme Court.
But while Trump’s lawyers had raised the jurisdictional issue in a previous filing about the special master, Trusty did not focus on the matter during his argument on Tuesday.The judges Trump’s team for seemingly making different arguments in different venues.
The Justice Department’s earlier appeal allowed the government to immediately resume using the classified documents in its criminal investigation, which is focused on whether classified material was mishandled and potential alleging obstruction or destruction of government property.
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