--- title: Supreme Court Won't Intervene in Mar-a-Lago Documents Case description: The Supreme Court rejected Donald Trump’s request to intervene in ongoing litigation surrounding documents seized from his Mar-a-Lago residence. canonical: https://time.com/6221936/supreme-court-trump-mar-a-lago-documents/ author: Madeleine Carlisle article:opinion: false article:content_tier: free article:published_time: 2022-10-13T19:57:39.000Z article:modified_time: 2026-10-14T09:40:40.292Z article:section: Politics og:title: Supreme Court Won't Intervene in Trump Mar-a-Lago Documents Case og:description: The Supreme Court rejected Donald Trump’s request to intervene in ongoing litigation surrounding documents seized by the FBI from Mar-a-Lago. og:url: https://time.com/6221936/supreme-court-trump-mar-a-lago-documents/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb305674dd9d1d284/698a36664ee262d12931aae9/GettyImages-1243657668.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: Former President Trump Holds Rally In Warren, Michigan og:type: article twitter:card: summary_large_image twitter:title: Supreme Court Won't Intervene in Trump Mar-a-Lago Documents Case twitter:description: The Supreme Court rejected Donald Trump’s request to intervene in ongoing litigation surrounding documents seized by the FBI from Mar-a-Lago. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb305674dd9d1d284/698a36664ee262d12931aae9/GettyImages-1243657668.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # The Supreme Court Turned Down Trump's Request to Intervene in Mar-a-Lago Documents Case. Here's What Happens Next > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. Senior correspondent Philip Elliott brings sharp context to the issues driving the capital, connecting the decisions made in Washington to the institutions, industries and people they affect. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c7d32b60-8b7d-4c72-b674-6ebb4be1a710&cr=time-nl-dcbrief-2026q3-v1) ## Video: The Stories Behind Donald Trump's TIME Covers [Watch (HLS stream): The Stories Behind Donald Trump's TIME Covers](https://cdn.jwplayer.com/manifests/W8uZ13Pz.m3u8) (5:07)  _Published 2021-01-21. TIME's D.W. Pine looks back at the various covers featuring Donald Trump, from his first appearance in 1989 to the end of his presidency._  by [Madeleine Carlisle](https://time.com/author/madeleine-carlisle/)  ## Madeleine Carlisle Oct 13, 2022 7:57 PM UTC TIME's D.W. Pine looks back at the various covers featuring Donald Trump, from his first appearance in 1989 to the end of his presidency.  by [Madeleine Carlisle](https://time.com/author/madeleine-carlisle/)  ## Madeleine Carlisle Oct 13, 2022 7:57 PM UTC On Thursday, the U.S. Supreme Court rejected former President Donald Trump’s request to intervene in ongoing litigation surrounding documents seized this summer by the FBI from his Mar-a-Lago residence in Palm Beach, Florida. In a case about whether Trump illegally removed or concealed classified information when he left office, the former President had asked the Supreme Court to step in and overrule an appeals court’s decision that removed roughly 100 documents with classification markings from oversight by an independent review of the materials taken from Mar-a-Lago. [Judge Raymond J. Dearie](https://time.com/6213290/raymond-dearie-special-master-trump-investigation/), a federal judge in Brooklyn, has been appointed the case’s special master and been tasked with evaluating the over 11,000 materials taken from Trump’s property to determine if any should be kept from criminal investigators due to potential attorney-client or executive privilege. Trump has maintained that documents with classification markings should be included in Dearie’s review—and be available to his own legal team—because he should have the right to assert privilege over any potentially classified materials. The Justice Department (DOJ) maintains that neither Dearie nor Trump’s team needs to see to the potentially classified documents and pushed back against Trump’s claims, writing in an Oct. 11 filing that Trump “has not even attempted to explain” how he was harmed by the exclusion of the materials from Dearie’s review. On Thursday, the Supreme Court denied Trump’s request to vacate the appeals court’s ruling, in a setback for the former President. The appeals court’s decision remains standing, meaning the documents with classification markings will not be part of Dearie’s review, will not be accessible to Trump’s legal team, and can continue to be reviewed by the FBI. The Supreme Court didn’t offer any rationale for its decision, nor were there any dissents. (Thursday’s decision likely won’t be the last time the high court is asked to weigh in on Trump’s legal woes, as a separate challenge by the Justice Department on Dearie’s appointment makes its way up the appeals process.) “Mr. Trump just lost his last shot at keeping the classified documents away from the government,” says Bradley P. Moss, a lawyer specializing in national-security issues. “And he will never see them again unless he is indicted (and even then maybe not).” Trump’s legal team and the Justice Department did not respond to TIME’s request for comment. ## **What is happening with the Mar-a-Lago documents marked ‘classified’?** On August 8, the FBI carried out an unprecedented search of Mar-a-Lago to find classified documents they believed Trump had taken from the White House. On August 26th, the Justice Department released a [heavily redacted copy of the affidavit ](https://fm.cnbc.com/applications/cnbc.com/resources/editorialfiles/2022/08/26/govuscourtsflsd6178541021.pdf)used to obtain the search warrant, which stated that the federal government has launched a criminal investigation into the “improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of recruitment records.” Officials removed over 11,000 materials from the property. On Sept. 5, Judge Aileen M. Cannon of the Southern District of Florida—a Trump appointee—approved Trump’s request to appoint a special master to review all the seized materials and determine which could be shielded from prosecutors due to claims of privilege. On Sept. 15, Cannon named Dearie to the role, and affirmed that his review would include the documents with classification markings. Cannon also barred federal officials from working with the potentially classified documents until Dearie completed his work—which is expected to take months. **Read More:** [_Who is Raymond Dearie, the Special Master Reviewing the Mar-a-Lago Documents?_](https://time.com/6213290/raymond-dearie-special-master-trump-investigation/) DOJ appealed Cannon’s decision to the U.S. Court of Appeals for the 11th Circuit in Atlanta, arguing it could risk “irreparable harm” to national security and intelligence interests. On Sept. 21, the 11th Circuit sided with the Justice Department, not only ruling that the documents with classification markings would be excluded from Dearie’s review, but also giving the FBI a green light to access those materials. On Oct. 4, Trump’s team appealed that decision to the U.S. Supreme Court, asking to reinstate Dearie’s authority over the potentially classified documents. In their [filing](https://www.politico.com/f/?id=00000183-a484-d513-a19b-bfd40c910000), Trump’s attorneys argued that “any limit on the comprehensive and transparent review of materials seized in the extraordinary raid of a President’s home erodes public confidence in our system of justice.” Trump did not ask the Supreme Court to reinstall Cannon’s order blocking the FBI from accessing the documents with classification markings. The request only asked those documents be added back into Dearie’s review, arguing the appeals court lacked authority to issue its decision on procedural grounds. The Justice Department responded that Trump has “no plausible claims of ownership of or privilege” concerning the documents, meaning Dearie should not have to review them. On Thursday, the high court did not appear swayed by Trump’s argument. The bench denied his application without any explanation. Now, as has been the case since late September, Dearie cannot look at the potentially classified materials in his review. ## **Are the documents actually classified?** Trump has publicly claimed that he declassified the materials found at Mar-a-Lago. In a Sept. 20 public hearing, Dearie pressed Trump’s legal team on whether they would provide any evidence for Trump’s claim. In court filings, his team has said they oppose having to disclose any “specific information regarding declassification” in the near future. Whether the roughly 100 documents with classification markings taken from Mar-a-Lago actually are classified is a key element of DOJ’s investigation into whether Trump broke federal law by removing the materials from the White House. In an interview with Breitbart News in May, former top Trump aide Kash Patel said he had witnessed Trump declassify documents that the National Archives and Records Administration (NARA) [said](https://www.archives.gov/files/foia/wall-letter-to-evan-corcoran-re-trump-boxes-05.10.2022.pdf) were identified as “classified national security information” that were shipped to Mar-a-Lago. (NARA’s tip about the materials launched the current DOJ investigation and subsequent FBI search.) Trump’s legal team has not explicitly said that he declassified the materials while in office. But they have hinted at such a possibility in filings. In their Oct. 4 petition for the Supreme Court to reinstate Dearie’s review of the marked documents, his legal team said that “President Trump was still the president of the United States when any documents bearing classification markings were delivered to his residence in Palm Beach, Fla.” “At that time, he was the commander in chief of the United States,” the filing continued. “As such, his authority to classify or declassify information bearing on national security flowed from this constitutional investment of power in the president.” Presidents have broad declassification authority, but experts have expressed skepticism that Trump could declassify materials without going through the usual protocols or notifying others in the government. There is no Supreme Court ruling on what it means if a President breaks from normal declassification procedure. ## Transcript [00:00] I happened been on their cover like 14 or 15 times. [00:02] I think we have the all time record in the history of Time magazine. [00:06] Donald Trump has always had a fascination with time. [00:09] He first landed on the cover on January 16th, [00:12] 1989, 28 years before his inauguration, since before his election. [00:18] Trump has regularly campaigned to be named Time's Person of the Year [00:22] using rallies and his Twitter feed to comment on Time's choices. [00:26] They should have picked me for the Person of the Year, but they didn't know. [00:29] They said. [00:30] And perhaps most notably, fake time [00:32] travelers were designed to hang in his golf course clubhouses. [00:36] Time has a long history of featuring presidents on the cover, [00:39] and Trump has been no exception. [00:42] Eight of the top ten people to appear most often on Time's cover are U.S. [00:46] presidents. [00:48] Trump finished his term with 35 covers, the fourth [00:52] most of any president behind Richard Nixon's 55 covers. [00:56] Ronald Reagan with 46 and Bill Clinton with 40. [01:00] Rounding out the top ten are George W Bush with 32. [01:04] Barack Obama 31. [01:06] Jimmy Carter 27. [01:08] Jesus 22. [01:10] And Hillary Clinton and George H.W. [01:12] Bush tied at 21. [01:15] We first introduced candidate Trump [01:17] to Time's readers in August of 2015, [01:21] when photographer Martin Schaller and Time editor at large Paul Moakley [01:25] brought a live bald eagle to the Trump Tower in New York City for a portrait. [01:30] This symbol of democracy was particularly animated during the photo [01:34] and video session, even angrily nipping at the president's hand [01:42] during the 2016 campaign. [01:45] We produced seven covers featuring Trump and created an original visual language [01:49] for this president with the artwork of artist Adele Rodriguez. [01:53] Rodriguez, who worked as Time's international art director in the 1990s [01:57] as a strong, simple, graphic style that immediately grabbed worldwide [02:01] recognition with the meltdown cover, a reflection [02:05] of his slumping campaign following the Republican National Convention. [02:09] Two months later, in response to the release of the infamous Access [02:13] Hollywood tape, [02:14] Rodriguez followed with an updated image with the headline Total Meltdown. [02:21] Of course, TIME reports many different topics, [02:23] and the visual approaches on the cover reinforces that variety. [02:27] We have presented President Trump [02:29] as a frenetic Twitter user, crumbling at the Washington Monument, [02:32] a punching bag, a graphic wrecking ball, [02:36] an angry character with his hair on fire, [02:39] a cross between himself and Vladimir Putin, a king looking into a cover, [02:44] a slingshot holding fighter, dueling with Nancy Pelosi, [02:48] a happy president, whistling under an umbrella in the rain, [02:52] and a man who has painted himself into a corner. [02:56] We've also photographed Trump for multiple covers, [02:59] including a White House tour for our May 22nd, 2017 cover and an Oval Office [03:04] conversation in the summer of 2019 on [03:08] Trump's plan to keep the White House. [03:11] My favorite time cover of Trump [03:13] is nothing to See Here from February 27, 2017. [03:17] I believe the strongest time covers leave space [03:20] for a variety of perspectives for this cover. [03:23] If you're an opponent of President Trump, you look at the cover [03:27] and you see all the chaos that this man has created. [03:30] And if you're a supporter of the president, [03:33] you look at it and say, even among all the chaos in Washington, [03:37] look how resolute he is sitting behind that desk. [03:40] That is a great place for a time cover to be. [03:44] That image was [03:44] created by longtime Time collaborator Tim O'Brien, [03:48] who has painted more covers in the past 30 years than any other artist. [03:53] It was the first of what would become a series of four paintings from O'Brien [03:57] depicting Trump in a growing storm within the Oval Office. [04:03] Our Trump covers have certainly not been without debate. [04:06] An image we created of Trump staring down at a young immigrant girl [04:10] for our Welcome to America cover sparked controversy. [04:14] During the campaign, Trump frequently used the cover, proclaiming [04:18] how Trump won as a selling point on the campaign trail. [04:22] On numerous occasions, the president also tweeted out [04:25] a fake time cover animation of how Trumpism outlasts Trump. [04:29] A cover from October 22nd, 2018. [04:34] But for most of the past year, the president's image on [04:36] the cover took a backseat to front line workers. [04:39] Racial injustice, protests and the rising COVID numbers. [04:44] And even though the image of Trump wasn't physically [04:46] shown on two recent covers, his influence was still present. [04:53] While Trump's presidency has [04:54] come to a close, it's certainly possible that we haven't seen the last of him. [04:59] On the cover of Time. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6221936/supreme-court-trump-mar-a-lago-documents/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6221936/supreme-court-trump-mar-a-lago-documents/"},"headline":"The Supreme Court Turned Down Trump's Request to Intervene in Mar-a-Lago Documents Case. 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