The special master, who was chosen to review more than 11,000 records removed by the FBI from former President Trump’s Mar-a-Lago property last month, outlined his plan of action, with a tight schedule and intent to finish reviewing the record in late October.
On Wednesday, a three-judge panel of the US Court of Appeals for the Eleventh Circuit blocked a lower court decision that Raymond Deere evaluate about 100 classified records, which would have prevented the Department of Justice from using the records as part of its work. Criminal investigation during the review process.
to sign up:
11:08 AM Sep 23 2022An earlier version of this article stated that the Circuit Court would review Mr. Special’s work. The district court will review. The article also stated that the special lord questioned whether the Metropolitan Circuit Court should decide whether Trump’s items should be returned. He wondered whether the US District Court for the District of South Florida, the magistrate who issued the original warrant, should have jurisdiction.
With this resolved, Derry, the former chief justice of the federal court in Brooklyn, set a fast-track schedule to review documents seized by the FBI during the August 8 court-approved search at Trump’s home in Palm Beach, Florida; to separate anything that may be covered by attorney and client privilege actions or executive privilege; and to determine whether any of the materials should be returned to Trump. Once the review is complete, Dearie will report its recommendations to U.S. District Judge Eileen Cannon.
Deere said in his filing that he hired James Orenstein, a former U.S. Magistrate for the Eastern District of New York, at a suggested rate of $500 an hour. Cannon had already ruled that Trump was responsible for the costs of the special tutor’s review.
Derry said he would not seek compensation for himself because he is still on the bench, but said he would assign employees from the Eastern District to help clear the documents. The next state conference on the review is scheduled for October 6 by phone.
The Justice Department must provide an affidavit by Monday certifying the accuracy of the inventory that the Department has released detailing items removed from Mar-a-Lago.
Trump has until next Friday to file an affidavit of objection to the stockpile, including listing any items that were taken that do not appear on the list, or items that the listing says were removed and whose presence on his property is disputed. Trump and his allies have repeatedly claimed that the FBI planted evidence during its research, although his attorneys did not make that claim in court.
“This submission will be the Plaintiff’s last opportunity to raise any factual dispute regarding the completeness and accuracy of the detailed property inventory,” Derry stated.
Deere also instructed the government and Trump’s legal team to approve by Friday a third-party supplier to digitize the records, and stipulated that the seller would have three days to make the records available electronically for the review to begin.
Trump’s legal team has also been directed to provide any assurances it will make about each record in these categories: attorney-client privilege; The privilege of a lawyer’s work product; Executive privilege that prohibits document review within the executive branch; Executive privilege that prohibits publication of the document to persons or entities outside the executive authority; and whether the document is a presidential or personal record under the Presidential Records Act of 1978.
For any document that Trump considers private or personal, it must include a brief statement explaining the basis for the designation.
Derry instructed the Trump team to provide periodic updates on Trump’s assertions and make a final decision on what the former president wants to claim regarding all 11,000 records by October 14.
The Department of Justice and Trump’s lawyers should also try to resolve as many disputes over the records as possible, although Derry said he would intervene to resolve disputes throughout the process. The department and Trump’s lawyers must submit a final record of the disputes by October 21.
Trump’s legal team received documents identified by the FBI’s liquidation team as falling under attorney-client privilege on September 16; The former President’s legal team has been instructed to begin reviewing those documents and confirming any such allegations about them.
Deere said that once his work is reviewed by the district court, he will consider any request by Trump to return the property. Trump would need to determine whether such a claim should be resolved by Cannon, the Southern District of Florida Magistrate’s Judge or the US District Court who issued the search warrant.