The Department of Justice asks that a special inspector not be appointed for the documents seized from Trump

By Dareh Gregorian and Daniel Barnes -

The Department of Justice (DOJ) asked a federal appeals court on Friday to vacate the order appointing a special inspector to review documents seized during the FBI search of former President Donald Trump's Florida mansion. , and completely rule out the tycoon's legal recourse.

In a filing before the U.S. Court of Appeals for the 11th Circuit, DOJ attorneys argued that Judge Aileen Cannon “erred in ordering a special inspector review” in the case and asked to vacate her mandate “with instructions to dismiss the plaintiff's civil action.

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Last month, the appeals court ruled in favor of the DOJ on a more limited issue in the case, allowing the department to resume use of the classified documents recovered in its Aug. 8 search as part of its criminal investigation.

The 11th Circuit also blocked Trump's special inspector and attorneys from reviewing those classified documents, citing DOJ national security concerns.

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"The court must now reverse the order in its entirety for multiple independent reasons," the lawyers said in the filing, calling Cannon's rule in the case "unprecedented."

Cannon was also "wrong to order a special inspector to review claims of attorney-client and executive privilege, and to bar the government's use of seized records in the meantime."

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The Justice Department also said

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“The uncontested record demonstrates that the search was conducted in full compliance with an authorized court order, and there has been no violation of the plaintiff's rights - much less 'callous disregard.'

The plaintiff has failed to meet his burden to establish any need for the seized records – in fact, a substantial number of them are not even his – or to establish any irreparable harm in the absence of it,” the filing said.

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Trump's team is scheduled to present its response on November 10.

The Supreme Court on Thursday declined to hear Trump's appeal of part of the earlier 11th Circuit ruling.

His legal team had tried to allow the special inspector, federal judge Raymond Dearie, to review the more than 100 documents taken from the Florida mansion that were marked as classified.