Last month a federal appeals court granted the Justice Department’s request to block an independent arbiter, or special master, from reviewing classified documents that were seized at Trump’s Florida home. The decision allowed the DOJ to resume its criminal investigation.
Now, Trump’s legal team has asked the Supreme Court to overturn the lower court’s ruling and permit a special master to review the roughly 100 documents with classified markings that were taken in the Aug. 8 search.
The three-judge panel last month limited the special master’s review to the much larger tranche of non-classified documents.
The request comes just days after the National Archives and Records Administration said it is still missing some records from Trump’s time in office.
Trump’s lawyers submitted the Supreme Court application to Justice Clarence Thomas, who oversees emergency matters from Florida. Thomas can act on his own or, as is usually done, refer the emergency appeal to the rest of the court.
The Associated Press contributed to this story.