What to Look For in Friday’s Mar-a-Lago Search Special Master Review Proposals

they will submit briefs Justice Department appeals order In this review, third-party attorneys sift through material from Trump’s Florida home to segregate privileged documents that should be withheld from federal agents.

The prosecution is requesting that the classified documents can continue to be examined separately from the special examination, alongside the appeal. The parties were instructed by U.S. District Court Judge Eileen Cannon to review the DOJ’s arguments on filings filed Friday.

In Friday’s filing, the Justice Department and Trump’s team will also address troubling questions about the logistics of the review, but how quickly the review will progress and how much criminal investigations will face over the handling of criminal investigations. It has important implications for what hinders. Documents from Trump’s White House.

Cannon, who was appointed by Trump in 2020, granted Trump’s request for review and asked the parties to jointly submit files. If they disagreed, the judge asked them to identify those discrepancies.

Things to note are:

Who do the parties nominate as special masters?

The unique circumstances of the Mar-a-Lago search, coupled with Canon’s highly vague orders to grant Trump’s special master request, make the ideal candidate for the job complex formula.

The Justice Department has previously said reviewers must “already” have top-secret clearance to work with classified material.

It is also possible that the party will propose candidates who do not have valid security clearances but who can pass the vetting process very quickly. A recent defector from the government would fit the bill. The former judge may not have the clearance but was trusted with classified material as part of his service on the bench.

Notably, however, the Department of Justice demanded on Thursday that classified documents it obtained did not have to be shared with special masters.

When it comes to legal expertise, the examination of attorney-client privilege is a regular task of a professional master. But the judge’s order that administrative privilege is part of what the Special Master sees puts examination into uncharted territory. I am very skeptical of Canon’s view that should play a role here.

One thing to watch out for when potential candidates are revealed is that they are either on the federal side (which likely pushed a broader vision of that range) or on the party side, with no executive privileges. Whether you have experience suing Congress, etc. – Seeking information from executive branch (if likely to have argued in favor of narrow interpretation of privilege).

What is the scope of the proposed review?

Canon’s Monday order is a special master review that will help resolve disputes over whether the specific records seized were personal records or presidential records, and whether the seized Trump’s personal items had probative value. He indicated that he wanted to

Both parties can broadly explain how they think the Special Master should make these decisions. The DOJ has previously argued that investigators should be allowed to hold certain personal items of Trump to the extent that they provide evidence relevant to the law the government is investigating. details classified records kept in boxes containing Trump clothing, gifts, and press clippings.)

Although the ad-hoc judge’s job is to advise the court, the decision on these questions ultimately rests with the judge.

On Thursday, the Justice Department said it planned to provide Trump with copies of all unclassified documents that were seized, saying, “The government will provide plaintiffs with copies that are likely less evidential because they are not mixed with classified records.” I plan to return his personal belongings,” he added.

Canon also declared that a special master should review potentially privileged items. Although the field, the judge questioned how the department approached its attorney-client privilege review when conducted with an internal “filter” team.

The judge also called on the special master to review material that could be subject to administrative privilege, though her Monday order contained no guidance on how that review would work in practice. There were very few.

What does the Department of Justice say about executive privilege?

The most controversial area of ​​joint filing is how special masters should approach executive privileges.

The Justice Department has argued that executive privilege plays no role in segregating materials that should be withheld from investigators. You might hesitate. They have previously argued that this privilege was designed to protect the material from disclosure to non-executive officials.

The Mar-a-Lago records seized by the executive branch were disclosed within the executive branch of the executive branch, prosecutors argued. Depending on the definition of privilege, it can cover most or all of the government records retrieved.

But prosecutors say there are no circumstances in which a former president would succeed in claiming presidential privilege over classified documents subject to criminal investigation.

Trump’s attorneys, meanwhile, say little about the types of government records Trump seeks to claim presidential privilege and how he expects special masters to exclude material in order to do so. not.

How do the parties view the logistics of the review process?

There are also logistical issues with the proposed special master review.

Canon, for example, would like suggestions for a review schedule and how special masters should be compensated. I can’t.

The Trump team has previously said it “broadly” agreed with the Justice Department’s request to shorten certain steps in the review process to expedite filtering, but the specific deadlines put forward by the Justice Department. The ministry told the court early in the case that a review should take place by the end of September.

In earlier filings, Trump’s attorneys also agreed to some extent how parties should be allowed to communicate unilaterally with the court, i.e., how to keep the other party out of the way. However, Trump’s attorneys in previous filings laid out additional protocols for the investigation that the Justice Department could challenge.

Source: www.cnn.com

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