Trump v. United States. No. 22-13005 (11th Cir.); Trump v. United States, No. 22-81294 (S.D. Fla.). Application to Vacate the Eleventh Circuit’s Stay of an Order Issued by the United States District Court for the Southern District of Florida. Petition to the Associate Supreme Court Justice of the United States for the Eleventh Circuit submitted October 4, 2022.
Former President Trump seeks the aid of the United States Supreme Court in vacating an order of the United States Court of Appeals for the Eleventh Circuit which stayed a lower court’s order. The lower court’s order precluded the use of documents with classification markings in a criminal investigation while the documents were under review by a Special Master appointed by the court. The Eleventh Circuit’s order countermanded that determination which in turn permitted resumption of use of the documents in criminal investigations.
The former president argues that the Eleventh Circuit had no power to rule on the Department of Justice’s request, as the ruling was an interlocutory, or non-final ruling. Such rulings are not permitted except in limited circumstances.
At the same time, the Department of Justice seeks to press ahead in its request for appellate review of the federal district court’s actions.