Why an appeals court says Trump's claims he declassified the Mar-a-Lago documents are a 'red herring'

Former President Donald Trump speaks at the Road to Majority conference on June 17 in Nashville, Tennesse. An appeals court says Trump's claims he declassified the Mar-a-Lago documents are a 'red herring.'

Former President Donald Trump's vague claims that he may have declassified documents taken to Mar-a-Lago are running into a brick wall in the way the litigation over the search is playing out in court.

The US 11th Circuit Court of Appeals -- in an unanimous opinion from an appellate panel that included two Trump appointees -- said that any uncertainty over whether the 100-plus documents were still classified was a "red herring," as it allowed on Wednesday the Justice Department's criminal probe into them to resume.

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