"This Court has instructed that a district court must consider four factors before exercising jurisdiction to entertain a preindictment motion for return of property," the court document said on Friday. "These factors are: (1) whether the government has 'displayed' a callous disregard for the constitutional rights’" of the plaintiff... Plaintiff’s uncontested failure to satisfy the first factor... is reason enough to conclude that the district court erred by exercising jurisdiction in this case."
A lower district court previously granted Trump's request for a third party to review the classified records seized from Trump's residence in Florida.
Moreover, the special master in this case, federal judge Raymond Dearie, initiated the review process in August but he would be required to pause his work if the Justice Department's appeal is successful.
The 11th Circuit Court of Appeals is not expected to make a decision until late November.