Former U.S. President Donald Trump asked the Supreme Court on Tuesday to intervene in the litigation over sensitive documents that the FBI seized from his Florida estate, saying that an appeals court had lacked jurisdiction to remove them from a special master’s review.

But Trump’s lawyers did not ask the Supreme Court to overturn the most important part of the appeals court’s intervention, its decision to free the Justice Department to continue using documents with classification markings in its criminal investigation of Trump’s handling of government records.

The new filing was technical, saying that the 11th U.S. Circuit Court of Appeals, in Atlanta, had not been authorized to stay aspects of a judge’s order appointing a special master to review all materials that the FBI had seized in its search of Trump’s residence, Mar-a-Lago.