In a lawsuit filed Thursday, the federal judge tasked with reviewing the materials seized by the FBI from Mar-a-Lago ordered federal prosecutors to begin producing the roughly 11,000 documents that were previously filed. month were found at the home of former President Donald Trump in Florida.
The plan and timeline prepared by U.S. District Judge Raymond Dearie states that the Justice Department must provide electronic copies of the material not classified as classified to both Dearie and Trump’s team by Monday.
For each document, Trump’s lawyers must then say whether he is claiming attorney-client privilege or executive privilege or whether the document is a personal or presidential document, according to Dearie’s latest directions.
For any document that Trump and his team mark as privileged and/or personal, they must include a statement explaining the rationale for the specific statement.
The administration has provided Trump and his lawyers with the documents that the DOJ’s “filtering team” determined could potentially be privileged, and Dearie said in Thursday’s filing that Trump must then provide a log of his designations for the materials — in order to see if he’s claiming privilege over something and if it’s personal or presidential — to the government by Monday.
According to the special captain, Trump’s team must submit a final and complete review of all documents to the administration by October 14.
Both parties must submit a log of disputed designations to the Dearie by October 21. (Dearie said he needs the help of a retired federal magistrate, James Orenstein, to assist with his assessment.)
If there is a dispute with the government, the special master will solve it.
The 11th U.S. Circuit Court of Appeals on Wednesday simplified Dearie’s job by removing classified documents from his review and restoring government access to them as part of its investigation into how Trump, who denies wrongdoing, handled records after taking office. leave. Among the materials the FBI says it retrieved from Mar-a-Lago, as court documents have shown, were 11 sets of documents of varying classifications ranging from confidential to top secret and sensitive compartmentalized information.
The 11th Circuit ruling Wednesday was a partial detention of U.S. District Judge Aileen Cannon’s order to appoint a special master and essentially freeze the government’s work pending Dearie’s review.
Cannon on Thursday changed her order in light of the appeals decision, removing parts of her ruling requiring the special captain to prioritize documents marked as classified and submit interim reports and recommendations as needed.
Cannon also removed a measure requiring the classified documents and attached papers to be available for inspection by Trump’s lawyers.