The United States Court of Appeals for the 11th Circuit has allowed the Justice Department to resume using documents marked as classified that were seized from former President Donald J. Trump, reports the New York Times. The court set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Trump’s estate. Furthermore, the court agreed with the Justice Department’s argument that prosecutors needed access to the classified materials in order to assist the national security review and rebutted Trump’s attempts to claim in public that he had declassified the sensitive records at issue.