The Justice Department claims that Mar-a-Lago engaged in "obstructive conduct" after being asked for secret documents.

In response to former president Donald Trump's request for a federal judge to appoint a third party to review the documents seized at his Florida home, the Justice Department submitted a 36-page statement late Tuesday night. 

Federal prosecutors informed the court that some of the records seized in this month's search required additional clearances before they could be reviewed, indicating that they believed the records to be extremely sensitive. "Even the FBI counterintelligence personnel and DOJ attorneys conducting the review," they said, "required additional clearances before they could review certain documents."

Investigators are looking into possible obstruction of justice by Trump as well as his alleged improper handling of secret documents, notably those that he allegedly moved from the White House to his Mar-a-Lago property before he left office in January 2021. 

According to Tuesday's petition, the Justice Department received a grand jury subpoena to seek those extra classified records, and on June 3, three FBI agents and a Justice Department lawyer went to Mar-a-Lago to collect them. 

In a second court filing on Monday, the prosecution stated that investigators had already finished looking for information that might be privileged and had discovered a "small" number of documents that might be covered by the attorney-client privilege. 

While preparing for a potential presidential candidacy in 2024, the former president has denied wrongdoing and asserted without providing any supporting evidence that the inquiry is a politically motivated attack.