The US Supreme Court has rejected former president Donald Trump’s plea to step into the legal fight over the FBI search of his Florida estate.
The justices did not otherwise comment in turning away Mr Trump’s emergency appeal.
Mr Trump had pressed the court on an issue relating to classified documents seized in the search of Mar-a-Lago which was authorised by a federal judge.
The Trump team asked the justices to overturn a lower court ruling and permit an independent arbiter, or special master, to review the roughly 100 documents with classified markings that were taken in the August 8 search.
A three-judge panel from the Atlanta-based US Court of Appeals for the 11th Circuit last month limited the special master’s review to the much larger tranche of non-classified documents.
The judges, including two Trump appointees, sided with the Justice Department, which had argued there was no legal basis for the special master to conduct his own review of the classified records.
But Mr Trump’s lawyers said in their application to the Supreme Court that it was essential for the special master to have access to the classified records to “determine whether documents bearing classification markings are in fact classified, and regardless of classification, whether those records are personal records or presidential records”.
The Justice Department said in a Supreme Court filing that Mr Trump’s request had no merit.
The FBI says it seized roughly 11,000 documents, including about 100 with classification markings, during its search. The Trump team asked a judge in Florida, Aileen Cannon, to appoint a special master to do an independent review of the records.
Judge Cannon subsequently assigned a veteran Brooklyn judge, Raymond Dearie, to review the records and segregate those that may be protected by claims of attorney-client privilege and executive privilege.
The Justice Department objected to Judge Dearie’s ability to review the classified records, prompting the 11th Circuit to side with the department.
