The former president"has not even attempted to show that he has a need to know the information contained in the classified documents," a three-judge federal panel wrote in its decision.A three-judge federal appeals court panel ruled unanimously Wednesday that Judge Aileen Cannon—a Trump appointee—"abused" her discretion by barring the U.S.
But the appeals panel noted that Cannon failed to explain how Trump"might have an individual interest in or need for the classified documents" in particular and observed that the classified material is easily separated from any personal items. The appeals court panel went on to reject Cannon's claim that Trump could suffer"irreparable harm" if the DOJ is permitted to continue its criminal probe of the documents' seizure before a special master is allowed to review the materials. To justify that assertion, Cannon cited"the threat of future prosecution and the serious, often indelible stigma associated therewith.
"But without diminishing the seriousness of that burden," they added,"'if the mere threat of prosecution were allowed to constitute irreparable harm... every potential defendant could point to the same harm and invoke the equitable powers of the district court.'"
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