Lawyers for former President Donald Trump said Monday they oppose immediate disclosure of declassification related to the Mar-a-Lago documents as part of a special master proceeding ordered by a federal judge this month.
In a letter to US District Judge Raymond Dearie, who was appointed as an independent third party to review documents seized by the FBI during a search of the former president’s residence and resort, Trump’s lawyers referred to a non-public draft for the review. that Dearie was circulated among the parties ahead of a status conference scheduled for Tuesday.
The draft plan, according to Trump’s letter, “requires the Plaintiff to disclose specific information about the declassification to the Court and the Government.”
“We respectfully submit that the time and place for affidavits or declarations will be in connection with a Rule 41 motion specifically asserting disqualification as an element of her argument for restitution,” the letter said, referring to one type of motion that an application may be made for the return of property illegally seized in an investigation.
“Otherwise, the Special Master process would have required Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being apparent in the District Court’s order,” the Trump team’s letter continued.
In her ruling denying prosecutors’ request for an adjournment last week, Judge Aileen Cannon ordered the special master review – conducted by Dearie and involving about 11,000 documents – to be completed by the end of November. A preliminary conference is scheduled before Dearie on Tuesday in federal court in Brooklyn, New York.
In their filing, the former president’s attorneys raised additional concerns about the draft plan’s apparent proposal to have the Rule 41 motions heard before U.S. Magistrate Judge Bruce Reinhart, the judge who authorized the warrant for the FBI search. Trump’s lawyers have argued that Cannon, a Trump appointee who appointed the special master, intended to have that litigation go through the special master proceeding, with Diery’s recommendations ultimately reported to her.
Trump’s lawyers, in their letter to Dearie, also suggested removing some of the interim deadlines set out in the draft.
“While we have concerns about the inclusion of two aspects in the draft plan (timing of any declassification disclosures and notification of reinstatement to the extradition judge), we otherwise agree with Your Honor’s proposed sequence, but suggest addressing the potential deadlines in tomorrow’s status conference,” Trump lawyers wrote.
In a separate filing Monday, the Justice Department proposed a system for the special master to review documents seized from Trump’s Palm Beach residence and resort.
In order for both the Trump team and prosecutors to evaluate the evidence at the same time, prosecutors suggested in the filing that the documents be posted on a third-party online platform.
The Justice Department suggested the third-party vendor “order” documents on a rolling basis as they are scanned to both prosecutors and Trump’s defense team. Attorneys should plan to sort about 500 documents each business day, the DOJ said.
As the review begins, prosecutors suggested Dearie host “weekly reviews” with both parties to “resolve questions and ensure the review process runs smoothly.”
The department also said it would recommend a protective order for Cannon’s approval, which makes leaking details from the seized collection punishable by contempt of court “or any other legally available sanction the Court deems appropriate.”
In its filing, the DOJ noted that if the 11th U.S. Circuit Court of Appeals grants its request to block portions of Cannon’s order that require a special master, Dearie would not be able to review the more than 100 documents marked classified.
“If the Eleventh Circuit does not halt consideration of the redacted documents, the government will suggest a path forward,” prosecutors wrote in the filing.
This story has been updated with additional developments on Monday.
