Both sides referred to a “draft” given to them by Judge Raymond J. Dearie, the newly appointed special master. Trump’s lawyers expressed concern that Diery raised questions about the documents that the judge who appointed Diery left unquestioned, arguing that Trump could be at a legal disadvantage if he answered them at this stage in the process. Specifically, the legal team objected to what it said was Dearie’s request to “disclose specific information about the declassification to the Court and the Government.” Judge Aileen M. Cannon, who oversees the special review and document review process, did not ask Trump’s lawyers to consider whether about 100 classified-marked documents seized by the FBI on Aug. 8 might actually be unclassified. Trump’s lawyers have repeatedly suggested in court filings that the former president could have declassified the documents — but they haven’t actually alleged that he did. In Monday’s filing, Trump’s lawyers wrote that they don’t want Dearie to compel Trump to “fully and specifically disclose a defense to the merits of any subsequent indictment without that requirement being apparent in the District Court’s decision” — a remarkable statement that at least acknowledges the possibility that the former president or his aides could be criminally charged. The documents seized at Mar-a-Lago include material about a foreign country’s nuclear capabilities The Justice Department is investigating the possible mishandling of classified documents at Mar-a-Lago and the possible concealment or destruction of government records. A key issue in the investigation is that even when Trump’s team responded to a grand jury subpoena seeking all classified documents kept at Mar-a-Lago, with aides saying all relevant material had been turned over, the an FBI investigation turned up about 100 more such documents. The government’s filing Monday afternoon did not address how Diery should have reviewed the classified documents. prosecutors said were waiting to see if the U.S. Court of Appeals for the 11th Circuit in Atlanta would grant their request to stay Cannon’s decision to include the classified documents in the special master review — leaving about 11,000 unclassified documents and other items. Prosecutors said classified material is by definition the property of the government and cannot be protected from them by privilege. Cannon’s order barred prosecutors using the classified material in their criminal investigation until the external review is complete. The justice’s filing signals new legal risk for Trump and lawyers, experts say Diery – a former chief federal judge in New York – is scheduled to meet for the first time with Trump’s lawyers and Justice Department prosecutors on Tuesday afternoon. The hearing, in Dearie’s courtroom in Brooklyn federal court, will focus on how to proceed. The Justice Department’s filing said a third-party vendor would have to be hired to scan the seized documents into a secure software system. Trump’s lawyers will then review the unclassified documents and decide which should be protected from criminal investigators because of attorney-client or executive privilege. Prosecutors would note any disagreement with Trump’s defense team, and Diery would facilitate any disagreements. “FBI agents will attend and monitor the scanning process to maintain the chain of custody of the evidence,” the government wrote. In previous filings, the Justice Department had argued unsuccessfully that a special master was unnecessary and that, as a former president, Trump could not claim executive privilege in that investigation. Prosecutors also said that temporarily blocking the government from using the documents in its investigation could endanger national security. He ordered Dearie to complete his review by Nov. 30 and said he should prioritize sorting through classified documents, though he did not provide a timeline for when that portion should be completed. The Justice Department said it hoped its proposal on Monday would help complete the review in an “efficient and timely manner.” What you need to know about Dearie, the special master examining Trump documents Trump’s team said in its filing that the administration should begin making the classified documents available for review next week by Diery — who previously served on the Foreign Intelligence Surveillance Court, which handles sensitive national security cases. The Justice Department urged Dearie in his testimony Monday to contact the National Archives and Records Administration — the federal agency charged with maintaining and monitoring government records — as it conducts the review. He also suggested that Dearie conduct weekly reviews with the parties via video or audio conference to resolve questions and ensure the review process runs smoothly. The administration said it had already reviewed all the seized documents before Trump requested a special master to separate out those that should be protected from investigators because of the attorney-client privilege. That filter team, approved by the judge who also approved the search warrant, removed 64 sets of documents — consisting of about 520 pages — that might be considered protected by the attorney-client privilege, the government said.
