• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

New York City women are making up to $30,000 per month by renting out their closets to strangers

2

Why did a $154 billion CEO just endorse stripping most Americans of voting rights—and taking us back to the 19th century?

3

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'

1

New York City women are making up to $30,000 per month by renting out their closets to strangers

2

Why did a $154 billion CEO just endorse stripping most Americans of voting rights—and taking us back to the 19th century?

3

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
PoliticsDonald Trump

Appeals court to Trump: No, you didn’t actually declassify those documents, there’s no evidence

By
Eric Tucker
Eric Tucker
,
Nomaan Merchant
Nomaan Merchant
,
Jill Colvin
Jill Colvin
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Eric Tucker
Eric Tucker
,
Nomaan Merchant
Nomaan Merchant
,
Jill Colvin
Jill Colvin
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
September 22, 2022, 6:45 AM ET
Donald Trump
Donald Trump.Jeff Swensen—Getty Images
Add Fortune on Google for similar content.

WASHINGTON (AP) — In a stark repudiation of Donald Trump’s legal arguments, a federal appeals court on Wednesday permitted the Justice Department to resume its use of classified records seized from the former president’s Florida estate as part of its ongoing criminal investigation.

The ruling from a three-judge panel of the U.S. Court of Appeals for the 11th Circuit amounts to an overwhelming victory for the Justice Department, clearing the way for investigators to continue scrutinizing the documents as they consider whether to bring criminal charges over the storage of of top-secret records at Mar-a-Lago after Trump left the White House. In lifting a hold on a core aspect of the department’s probe, the court removed an obstacle that could have delayed the investigation by weeks.

The appeals court also pointedly noted that Trump had presented no evidence that he had declassified the sensitive records, as he maintained as recently as Wednesday, and rejected the possibility that Trump could have an “individual interest in or need for” the roughly 100 documents with classification markings that were seized by the FBI in its Aug. 8 search of the Palm Beach property.

“If you’re the president of the United States, you can declassify just by saying ‘It’s declassified.’ Even by thinking about it…You’re the president, you make that decision,” Trump claimed in a Fox News Channel interview recorded Wednesday before the appeals court ruling.

The government had argued that its investigation had been impeded, and national security concerns swept aside, by an order from U.S. District Judge Aileen Cannon that temporarily barred investigators from continuing to use the documents in its inquiry. Cannon, a Trump appointee, had said the hold would remain in place pending a separate review by an independent arbiter she had appointed at the Trump team’s request to review the records.

The appeals panel agreed with the Justice Department’s concerns.

“It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in ‘exceptionally grave damage to the national security,’” they wrote. “Ascertaining that,” they added, “necessarily involves reviewing the documents, determining who had access to them and when, and deciding which (if any) sources or methods are compromised.”

An injunction that delayed or prevented the criminal investigation “from using classified materials risks imposing real and significant harm on the United States and the public,” they wrote.

Two of the three judges who issued Wednesday’s ruling — Britt Grant and Andrew Brasher — were nominated to the 11th Circuit by Trump. Judge Robin Rosenbaum was nominated by former President Barack Obama.

Lawyers for Trump did not return an email seeking comment on whether they would appeal the ruling. The Justice Department did not have an immediate comment.

The FBI last month seized roughly 11,000 documents, including about 100 with classification markings, during a court-authorized search of the Palm Beach club. It has launched a criminal investigation into whether the records were mishandled or compromised, though is not clear whether Trump or anyone else will be charged.

Cannon ruled on Sept. 5 that she would name an independent arbiter, or special master, to do an independent review of those records and segregate any that may be covered by claims of attorney-client privilege or executive privilege and to determine whether any of the materials should be returned to Trump.

Raymond Dearie, the former chief judge of the federal court based in Brooklyn, has been named to the role and held his first meeting on Tuesday with lawyers for both sides.

The appeals court ruling substantially narrowed the special master’s job duties, enabling the Justice Department to avoid providing him with classified documents to review. Responding to the order, Cannon on Thursday struck the parts of her order that required the department to give Dearie and Trump’s lawyers access to the classified documents. Instead, Dearie would review the much larger tranche of non-classified government documents.

The Justice Department had argued that a special master review of the classified documents was not necessary. It said Trump had no plausible basis to invoke executive privilege over the documents, nor could the records be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers.

It had also contested Cannon’s order requiring it to provide Dearie and Trump’s lawyers with access to the classified material. The court sided with the Justice Department on Wednesday, saying “courts should order review of such materials in only the most extraordinary circumstances. The record does not allow for the conclusion that this is such a circumstance.”

Though Trump’s lawyers have said a president has absolute authority to declassify information, they have notably stopped short of asserting that the records were declassified. The Trump team this week resisted providing Dearie with any information to support the idea that the records might have been declassified, saying the issue could be part of their defense in the event of an indictment.

The Justice Department has said there is no indication that Trump took any steps to declassify the documents and even included a photo in one court filing of some of the seized documents with colored cover sheets indicating their classified status. The appeals court, too, made the same point.

“Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified,” the judges wrote. “In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal.”

____

Colvin reported from New York.

Sign up for the Fortune Features email list so you don’t miss our biggest features, exclusive interviews, and investigations.
About the Authors
By Eric Tucker
See full bioRight Arrow Button Icon
By Nomaan Merchant
See full bioRight Arrow Button Icon
By Jill Colvin
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Politics

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Politics

Photo of Netanyahu
PoliticsIsrael
Netanyahu blasts NYC Mayor Zohran Mamdani for ‘fomenting hate’ over ‘bogus’ Gaza war crimes charges
By The Associated Press and Lisa MascaroJuly 27, 2026
12 hours ago
Photo of truck driver
North AmericaCanada
U.S.—Canada bridge opens to traffic in Detroit amid Trump tariffs strain
By The Associated Press, Mike Householder and Ed WhiteJuly 27, 2026
12 hours ago
Bank of America, Chipotle, Dell, and Uber are chipping in on Trump Accounts for their workers’ kids—but most companies are sitting it out
Personal FinanceDonald Trump
Bank of America, Chipotle, Dell, and Uber are chipping in on Trump Accounts for their workers’ kids—but most companies are sitting it out
By Courtney Vinopal and HR BrewJuly 27, 2026
12 hours ago
Steve Witkoff walks in front of a car dressed in suit and tie with his phone in his hand and his jacket draped over his arm.
CryptoDonald Trump
A VC says he declined to join the Trump family’s crypto venture after cofounder Steve Witkoff couldn’t pronounce ‘memecoin’
By Camila Grigera NaónJuly 27, 2026
14 hours ago
U.S. to reopen border to Mexican cattle imports after screwworm ban
North AmericaMexico
U.S. to reopen border to Mexican cattle imports after screwworm ban
By The Associated PressJuly 27, 2026
18 hours ago
U.N. chief urges global support for Syria during first Damascus visit since Assad’s fall
North AmericaSyria
U.N. chief urges global support for Syria during first Damascus visit since Assad’s fall
By GHAITH ALSAYED and The Associated PressJuly 27, 2026
18 hours ago

Most Popular

New York City women are making up to $30,000 per month by renting out their closets to strangers
Retail
New York City women are making up to $30,000 per month by renting out their closets to strangers
By Sarah GlodekJuly 27, 2026
1 day ago
Why did a $154 billion CEO just endorse stripping most Americans of voting rights—and taking us back to the 19th century?
C-Suite
Why did a $154 billion CEO just endorse stripping most Americans of voting rights—and taking us back to the 19th century?
By Nick LichtenbergJuly 27, 2026
16 hours ago
The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
Real Estate
The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
By Nick LichtenbergJuly 25, 2026
3 days ago
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
Success
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
By Orianna Rosa RoyleJuly 25, 2026
3 days ago
I've been teaching college students for decades. Most of them can no longer finish a book
Commentary
I've been teaching college students for decades. Most of them can no longer finish a book
By Austin SaratJuly 26, 2026
2 days ago
One-third of Seattle's downtown is empty: Here's how America's boomtown turned into one of the toughest places to find a job
Real Estate
One-third of Seattle's downtown is empty: Here's how America's boomtown turned into one of the toughest places to find a job
By Nick LichtenbergJuly 27, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.