October 3, 2022
Special Master Candidate Presented by Trump and Justice Department in Trump Document Case

Washington — The Justice Department and the Trump Legal Team Submit Their List of Potential Special Master Candidates for Review of Documents seized by the fbi At former President Donald Trump’s Mar-a-Lago resort in August.

In a joint filing late Friday, prosecutors and Trump’s team presented two candidates for the role.

The government recommended two retired federal judges: Barbara Jones, who served on the federal district court in Manhattan, and Thomas Griffith, who served on the Court of Appeals for the DC Circuit.

The former president’s legal team suggested it to former Chief Justice of the United States District Court for the Eastern District of New York, Rayand Dearie, and former Florida State Deputy Attorney General Paul Huck, Jr.

The parties said they would reply to a pair of other candidates by Monday. It is not clear whether one party has any objection to the other’s proposed candidates.

Jones, now a partner at a New York law firm, has served as special master in two other Trump-focused investigations: attorney-client in material seized in connection with the prosecution of the former president’s one-time attorney. In search of privileged information, Michael Cohenand in an investigation targeting Rudy Giuliani.

griffith, currently a lecturer at Harvard Law School, was appointed to the United States Court of Appeals for the DC Circuit in 2005 by then-President George W. Prior to this, he served as the nonpartisan Senate Legal Counsel, where he advised the Senate on such issues. Impeachment of then-President Bill Clinton.

Dearie was appointed federal bench In the United States District Court for the Eastern District of New York by Ronald Reagan in 1986 after serving as head of the Department of Appeals in the United States Attorney’s Office. He is presently serving as a senior judge in that court. Dearie also served in the United States Foreign Intelligence Surveillance Court, which authorizes surveillance of individuals inside the United States. In that capacity, he signed off On a FISA warrant from then-Trump aide Carter Page in 2017.

Right, in present The sole partner of a law firm that bears his surname, served as chief counsel to Florida Republican Governor Charlie Christ—now running again for the same seat on the Democratic ticket—and second in the state attorney general’s office. was in charge. His wife, Federal Judge Barbara Lagoa, was appointed by Trump to serve on the United States Court of Appeals for the 11th Circuit. considered a favorite To serve on the Supreme Court of the former President.

Judge Elaine Cannon governed monday That it would name a Special Master, an independent third party, to review and order both parties to come up with a list of potential candidates acceptable to both of them.

Cannon also ordered federal investigators to investigate whether Trump misappropriated classified documents to stop using seized documents in his criminal investigation, pending review by a special master.

On Thursday, the Justice Department filed a notice of its intent to appeal Cannon’s ruling on the special master and also asked him to take up part of the ruling so that investigators review the 103 most sensitive documents seized from Mar-a-Lago. Can continue which are classified. Mark.

Trump and his lawyers have until Monday morning to respond to the Justice Department’s request to resume the investigation of the documents.

Earlier this week, Cannon sided with Trump’s legal team, finding that an independent review was necessary. He assigned a Special Master to analyze “potentially privileged material subject to claims of attorney-client and/or executive privilege”. The ruling allowed the office of the Director of National Intelligence to continue its examination of potential national security risks posed by the seized records, at the same time that criminal investigators were barred from accessing them.

But the intelligence community decided to halt its analysis of the documents, citing “uncertainty” due to Cannon’s Monday order. According to Thursday’s filing by the Justice Department, 103 documents bearing classified markings had already been stripped of the remaining thousands of seized records.

The Justice Department argued in its notice of appeal that stopping its investigation would cause serious harm to national security, and that intelligence review of the records could not be executed without the involvement of criminal investigators. The investigation and the public at large, prosecutors wrote, could be “irreparably injured” by the pause.

Trump alleges in his lawsuit that the Justice Department’s search warrant that prompted the Aug. 8 Mar-a-Lago search was “overbroad” and that investigators took “presumably privileged” information. Canon’s opinion Monday indicated that it thought the claim needed further review.

Investigators are probing allegations that documents bearing classified markings were misplaced from Trump’s White House to his Mar-a-Lago residence after the president’s transition in 2021. In three separate instances earlier this year that culminated in an August 8 search, the National Archives and the FBI recovered multiple documents from a Florida resort. They are also investigating whether Trump or his team obstructed the investigation by not responding properly to grand jury summons.

As part of Cannon’s decision on Monday, she ordered prosecutors and Trump’s team to determine the areas of agreement and disagreement on the role of the proposed special master and the process by which the review should begin. First any conflict can be ended.

The Justice Department and Trump’s lawyers disagreed on a few fronts, including the deadline for the review’s completion, the special master’s ability to see documents with classified markings, his mandate regarding executive privileges, and the financial terms for the arrangement.

The former president suggested that the Special Master should have 90 days to complete the work, have access to all confiscated records, including classified information, and be allowed to evaluate claims of executive privilege. Should be known Trump’s team also said that the parties should split the cost of the special master’s review, which may include fees for support staff.

But prosecutors set a suggested deadline of October 17 for the process, argued that the special master should not have access to documents bearing classified marks, and argued that questions of executive privilege should be referred to the National Archives. The Justice Department also wrote that Trump “should bear the additional cost of the special master’s work.”

The parties also disagreed on certain aspects of the specifics of the workflow, which the judge is expected to resolve.

Prosecutors wrote that they intend to provide Trump’s lawyers with copies of all unclassified materials and return any personal items confiscated during the Aug. 8 search to the former president “that bear classification markings.” were not on record,” although they note that “such property was within the authorized scope of the search warrant.”

Jones, Griffith and Huck did not immediately respond to a request for comment from CBS News. Diary could not be reached.

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