Former US president Donald Trump is taking his legal challenges to the case over classified documents found at his Mar-a-Lago home to the US Supreme Court, an emergency request filed on Tuesday showed.
He is asking the highest court in the nation to reverse a lower court's ruling that limited access to highly sensitive government material found at his resort home in Palm Beach, Florida.
More than 100 documents marked as classified were seized during an FBI search in August as part of a US government probe into whether Mr Trump and his team had violated federal law.
A three-member panel — which included two Trump appointees — at the 11th Circuit Court of Appeals ruled last month that the Department of Justice did not need to hand over the top-secret documents to the special master, District Judge Raymond Dearie, an independent third party assigned to oversee the case.
It reversed an order by District Judge Aileen Cannon in Florida that allowed for the 100 classified documents to be included in Mr Dearie's review of 11,000 documents seized by the FBI.
“The Eleventh Circuit lacked jurisdiction to review the Special Master Order, which authorised the review of all materials seized from President Trump’s residence, including documents bearing classification markings,” Mr Trump's filing read.
He and his team are arguing for fewer limits on Mr Dearie — and a stay granted by the Supreme Court would give him the authority to review the 100 classified documents.
“Moreover, any limit on the comprehensive and transparent review of materials seized in the extraordinary raid of a president’s home erodes public confidence in our system of justice,” Mr Trump's filing read.
Mr Trump has appointed three of the current justices sitting in the Supreme Court, which holds a 6-3 conservative majority.
Meanwhile, the US government has argued that the disclosure of the sensitive documents may pose national security risks.
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Supporters of former US president Donald Trump protest against the FBI raid at Mar-a-Lago in Palm Beach, Florida. South Florida Sun-Sentinel / AP -
Trump supporters demonstrate outside Mar-a-Lago. Bloomberg -
Trump supporters wave flags and hold signs outside Mar-a-Lago after the FBI carried out a search warrant at the former president's residence. EPA -
Mr Trump is facing intensified legal and political pressure after FBI agents searched his Florida home to investigate whether he took classified documents from the White House when he left office. Bloomberg -
Supporters of Mr Trump demonstrate outside Mar-a-Lago in Palm Beach. Bloomberg -
A Trump supporter waves a flag outside Mar-a-Lago. Bloomberg -
A Trump supporter drives past the former president's estate. AP -
Trump supporters, members of the media and law enforcement gather near Mar-a-Lago. The Palm Beach Post / AP -
A flag flies in the air near former President Donald Trump's Mar-a-Lago estate. AP -
A Trump supporter holds the Betsy Ross flag at a gathering outside the former president's Mar-a-Lago home. Reuters
Politico reported last week that the Justice Department is working on appealing Ms Cannon's order for a special master to be assigned to review what the FBI found at Mar-a-Lago.
Ms Cannon, who was appointed by Mr Trump during his presidency, approved the special master request weeks after the search.
“The government has attempted to criminalise a document management dispute and now vehemently objects to a transparent process that provides much-needed oversight,” Mr Trump's filing alleges.
Mr Dearie was chosen by Ms Cannon as the special master.
Despite being the preferred candidate of Mr Trump's team, Mr Dearie has challenged his lawyers and their legal case several times since he took up his role, including bringing up the unsubstantiated claims that the sensitive documents found at Mar-a-Lago were declassified.
Ms Cannon in recent weeks has limited the actions of Mr Dearie as well as extended the timeline of his work, foiling Justice Department hopes of expediting the process.
