Judge bails Trump out of special master plan that would have forced uncomfortable submissions in court
Dearie has shown himself to be far less sympathetic to Trump’s claims than Cannon, who Trump had nominated in 2020 and was confirmed by the Senate after the November 2020 election.
Prosecutors have indicated in court filings that understanding how those sensitive government documents were intermixed with other materials at Mar-a-Lago is something they’re closely reviewing.
Trump won’t have to back up claims in court about FBI planting evidenceCannon on Thursday rejected part of the special master’s plan that would have forced the former President’s legal team to back up his out-of-court claims that the FBI planted evidence.
Trump had pushed back against the requested declaration, while the Justice Department had indicated it supported the requirement.
In another boost for Trump, Cannon said Trump’s legal team does not have to provide certain details about his executive privilege claims in the special master review.
Dearie’s plan on executive privilege claims is alteredThe federal judge removed the special master’s proposed requirement that Trump, when asserting a document is covered by executive privilege, specify whether he believed that barred disclosure within the executive branch versus disclosure outside of it.
The Justice Department has argued that Trump’s executive privilege claims are especially weak because the materials were seized by the executive branch for an executive branch purpose, i.e.
Dearie had proposed that Trump log seized items in categories more specific than what Cannon’s order appointing the special master had laid out.
Trump objected to making the executive privilege distinction Dearie proposed.
She also nixed the idea of the special master reviewing privilege assertions in tranches.
The judge additionally made clear that any motions from Trump to seek the return of property he contends was unlawfully seized would be considered on her docket.
Dearie, had opened the door to that litigation happening before Magistrate Judge Bruce Reinhart, who approved the search warrant – a move that Trump opposed.