Points from Trump and the Justice Department’s Mar-a-Lago special mastercourt filings

New filings reveal the name of the former judge and one lawyer each side proposed to serve as a special master. The candidates bring some interesting experiences to the table: one co-authored a report that debunked Trump’s 2020 election lies, the other a controversial aide to Trump’s 2016 campaign. I was involved in surveillance that aroused

It is up to the U.S. District Court to find its way forward in a legal battle that can decide how far the Justice Department can go in investigating how the White House documents ended up in Mar-a-Lago. It’s up to Judge Eileen Cannon of

Battles for Executive Privileges

Trump’s team is calling for extensive independent review to rule out documents that are privileged between attorneys and clients or fall under executive privilege.

Federal prosecutors don’t want an executive privilege review to take place, nor do they want any of the over 100 classified records seized from Mar-a-Lago even seen by a special master.

Prosecutors also said the special masters “submitted to NARA,” the National Archives and Records Administration, all documents Trump claims are subject to presidential privilege, and “on decisions in the president’s records.” He said he needed to consult with the authorities. (NARA previously rejected Trump’s claim of executive privilege over materials, including classified documents, which he eventually voluntarily handed over in January.)

Meanwhile, Trump’s attorneys have asked special masters to review “all seized material,” including confidential records.

They also want the Special Master to “evaluate potential executive privilege claims” in the document. I have to,’ he said, for no reason.

Special Masters Candidate from Department of Justice

Thomas Griffiths served as a judge on the prestigious DC Circuit Court of Appeals from 2005 to 2020. In one of his last major rulings before his retirement, he wrote a majority opinion rejecting an attempt by House Democrats to subpoena Trump’s former White House adviser, Don McGahn. . (The decision was later overturned.)

After retiring, Griffiths collaborated with other high-profile conservative lawyers and officials on reports exposing Trump’s lies about massive fraud in the 2020 election. He also publicly supported President Joe Biden’s nomination of Ketanji Brown Jackson to the Supreme Court.

Barbara Jones is a former federal prosecutor and retired judge who is a special master in several high-profile investigations of late.

She was a special master investigating materials seized during the FBI raid on Rudy Giuliani’s home and office in April 2021. She was also a special master in the Michael Cohen case, keeping investigators from wiping out attorneys’ and her clients’ documents. privileged.

from the trump team

Paul Huck Jr., who now has his own law firm, was a partner at Jones Day Law Firm representing the Trump campaign in 2016.

Huck previously served as Deputy Attorney General of Florida and served as General Counsel to former Florida Governor Charlie Christ (then Republican and now Democratic candidate for Governor of Florida).

However, there is one potential complication. Trump’s current attorney, Chris Keith, also worked for Christo and had overlaps with the hack.

Raymond Deary has served as a federal judge in New York since 1986. He retired in 2011 and is now a Senior Circuit Court Judge.

Deary also served a seven-year term in the United States Foreign Intelligence Surveillance Court (FISA Court). He said the judge’s approval of the FBI and Justice Department’s request to monitor Carter Page, a foreign policy adviser to the Trump campaign, as part of a federal investigation into whether Russia interfered in the 2016 election. I was alone.

How long will this review last?

There are plenty of documents to review from Mar-a-Lago, but Trump’s team is in no hurry. They suggested giving a special master 90 days to complete his or her work.

The Justice Department wants to move faster and is proposing to complete the review by October 17th.

Historically, Trump has not hesitated to exhaust his legal options.

Who will receive the invoice?

Someone needs to pay for a special master’s time and resources, and no one offers to take the check in full.

A Justice Department attorney told Cannon that he believes Trump should pay all costs because he is “requesting a special master.”

Trump’s attorneys have suggested that the costs incurred by Special Captain Mar-a-Lago should be “divided evenly” between him and the U.S. government.

Trump’s team obliquely raises the possibility that documents were declassified

Trump’s team said the Department of Justice “erroneously assumes” that if a document bears a classification mark, it will be permanently classified.

More than 100 classified marked documents were seized from Mar-a-Lago during an FBI raid in early August.

“Their stance falsely assumes that if a document is marked with a classification mark, it remains classified forever,” the filing said, explaining Trump’s position on the issue.

Their comments raise concerns that some of the material seized from Mar-a-Lago may have been declassified, despite the documents bearing the classification mark.

Trump and his allies have publicly claimed that he issued a blanket order to declassify much of the material in question. Previously, CNN reported 18 former Trump officials We believe the allegations are false, and Trump’s attorneys have not made this allegations in court.

what’s next?

Canon faces some tough decisions as the nation watches.

In her first ruling on Labor Day, she indicated she would act quickly, but there is no official deadline at this time.

On the other hand, the Ministry of Justice appeal her original ruling to the 11th Circuit Court of Appeals.At the same time, the Department of Justice told Canon revisit We will pass her sentence and have the seized documents continue to be investigated for the purposes of both criminal investigations and intelligence reviews. Cannon asked Trump to respond by 10 a.m. ET on Monday.

CNN’s Hannah Rabinowitz, Laura Smitherman, Kara Scannell, Evan Perez, and Shawna Mizelle contributed to this report.

Source: www.cnn.com

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