The special master, Raymond J. Dearie, said that if Trump’s lawyers don't officially counter whether the documents the former president took are classified, then Dearie will side with the DOJ.
Former President Donald Trump’s battle with the FBI over its search of Mar-a-Lago has moved from South Florida to New York City, where a court-appointed “special master” on Tuesday indicated he has a very simple test for whether he sides with the Department of Justice.
When Trump lawyer James M. Trusty argued his team “shouldn't be in a position where we have to disclose… declassification defenses,” Dearie wasn’t having any of it.Dearie is tasked with reviewing the seized documents and analyzing which ones can keep being used by the Department of Justice to build its case against the former president for putting the nation at risk by keeping more than 100 classified documents at his Palm Beach club long after leaving office.
Trump’s legal team put forward two candidates: Paul Huck Jr., a Florida attorney with a clear conflict of interest because he’s married to a conservative federal appellate judge who may oversee appeals in this case, and Dearie, a well-respected federal judge who once approved the FBI surveillance of Trump associate Carter Page. The Justice Department suggested two of its own but agreed to go with Dearie.
Dearie has been given wide discretion, as he can seek answers from the government agency that started this all: the National Archives and Records Administration. Historians there, who are tasked with building an accurate record of each presidency, were alarmed last year when they discovered that the Trump administration simply refused to turn over some materials on the way out.
On Monday evening, Trump attorney James Trusty wrote to Dearie warning that his requests for additional details have already gone well beyond Cannon’s order and would force Team Trump “to fully and specifically disclose a defense to the merits of any subsequent indictment.”
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