In a deposition Thursday afternoon, U.S. District Judge Raymond J. Dearie — the special master — told Trump’s legal team to state by Sept. 30 if they believe any of the seized items are incorrectly described in his 11-page inventory list Ministry of Justice. he said some of the documents were highly classified. Dearie also told them to say if they claim any items on the inventory list were not actually taken from the premises. Trump said on social media and in television interviews that the FBI planted items when they searched his Mar-a-Lago residence and private club on Aug. 8. He also claimed to have declassified documents found in that investigation that were marked classified and highly sensitive. His lawyers have not made similar claims in court, however, instead saying they have not reviewed the seized materials and are unable to confirm whether the government’s inventory list is accurate. Dearie’s order, in effect, requires Trump’s lawyers to support their client’s allegations. “This submission will be Plaintiff’s final opportunity to raise any genuine dispute as to the completeness and accuracy of the Detailed Property Inventory,” he wrote. At a hearing Tuesday, Dearie pressed Trump’s lawyers to take a position on whether the classified documents were, as Trump said, declassified, but they refused. The status of key investigations involving Donald Trump Dearie’s approach is strikingly different from how Judge Aileen Cannon — the Florida-based district court judge who granted Trump’s request to appoint a special master earlier this month — handled her portion of the case. Cannon never asked Trump’s lawyers to explain why they thought the inventory list might be inaccurate or why they implied that some of the documents marked classified weren’t actually classified. In his order, Dearie gave the government — which is investigating the possible mishandling of classified information at Mar-a-Lago — until Monday to file a statement stating whether its inventory list is a complete and accurate depiction of what was seized. The administration must also later respond to any disputes about facts the Trump team raises in its records. Cannon appointed Dearie to review the roughly 11,000 documents seized from Mar-a-Lago and determine whether any should be shielded from criminal investigators because of claims of attorney-client privilege or the far more vague and contested claim of executive privilege. Her order barred the Justice Department from accessing classified documents for its criminal investigation until they are reviewed. But the Justice Department successfully appealed that part of the ruling. the 11th Circuit Court of Appeals ruled late Wednesday that the classified material should not be part of the special master review and that the FBI could use it. Trump’s team could appeal that decision to the Supreme Court. The January 6 Justice Department investigation is looking at … everything Dearie’s order Thursday said Trump’s lawyers and the administration should review the unclassified documents on a rolling basis, with Trump’s team reviewing them first and marking any it deems privileged. The Department of Justice will then note whether it agrees with that claim, and Dearie will settle any disputes between the two parties. They must submit all documents to Dearie by Oct. 21 — more than a month before Cannon’s Thanksgiving deadline for the special master review. Trump’s lawyers said at a hearing Tuesday in Deary County Court in Brooklyn that they believed his proposed schedule would not allow them enough time to dig through all the documents. Dearie also said in his order Thursday that James Orenstein, a former U.S. District Judge for the Eastern District of New York, would assist him with the review. He said Orenstein has served on the Foreign Intelligence Surveillance Court and holds a top-secret government clearance, meaning he could theoretically review many of the classified documents seized if required. Read Special Master Raymond Dearie’s September 22 order Orenstein is best known for a 2015 case in which he found that prosecutors lacked the legal authority to compel Apple to help investigators bypass the passcode feature on a drug dealer’s iPhone. Dearie said he expects to use judicial staff from the Eastern District of New York to help him with his special primary duties. Trump’s team suggested Diery be the expert — and the administration agreed he would be the right choice. Cannon then appointed Dearie, ordering Trump’s legal team to cover the costs. Since Dearie is still an active federal judge, he said in testimony Thursday, he does not intend to charge Trump for his work on that review. But he suggested Orenstein be paid $500 an hour.
