The Justice Department asked the 11th Circuit to stay a portion of Cannon's order, seeking to regain access to the 103 documents marked as classified. Federal prosecutors also separately asked the appeals court to review Cannon's order appointing the special master, and they requested the courtagreed to expedite
The unsigned opinion joined by Judges Robin Rosenbaum, Britt Grant and Andrew Brasher also questioned Trump's suggestion he may have declassified some of the sensitive records before leaving office, noting"the record contains no evidence that any of these records were declassified." "The government's position presumes certain documents are in fact classified, affording President Trump no opportunity to contend otherwise," they wrote."This presumption is at the core of the dispute. 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 Justice Department's filing also took on the former president's claim that the records with classified markings should be a part of the review under Presidential Records Act , which Trump argued would entitle him to some ownership over the documents.
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