In a court filing Thursday, a federal judge ordered a review of materials seized by the FBI from Mar-a-Lago and directed federal prosecutors to begin producing about 11,000 documents that were found last month at former President Donald Trump’s Florida home.
The plan and timeline laid out by US District Judge Raymond Deary state that by Monday, the Justice Department must provide both Deary and Trump’s team with electronic copies of the unclassified material.
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 record, according to Deary’s latest directive.
For any document that Trump and his team mark as privileged and/or personal, they need to include a statement explaining the rationale for the particular declaration.
The government has provided documents to Trump and his lawyers that the DOJ’s “filter team” could potentially privilege, and Deary said in Thursday’s filing that Trump must then provide a log of his tenure for the material — as he is claiming. whether privilege over something and whether it is an individual or the President – to the government by Monday.
According to the special master, Trump’s team is to submit a final and complete review of all documents to the government by October 14.
Both parties must submit a log of any disputed positions to Deary by October 21. (Deary said he needed the help of a retired federal magistrate, James Orenstein, to help with his review.)
Where there is a dispute with the Government, the Special Master will resolve it.
The 11th US Circuit Court of Appeals eased Deary’s job on Wednesday by removing classified documents from its review and restoring the government’s access to them as part of its investigation into how Trump, who denies wrongdoing, managed the records after leaving office. The FBI says that among the material it recovered from Mar-a-Lago, court documents show, were 11 sets of documents of various classifications ranging from confidential to top secret and sensitive compartment information.
The 11th Circuit’s ruling on Wednesday partially stayed U.S. District Judge Allyn Cannon’s order naming a special master and essentially halting the government’s work pending Derry’s review.
Cannon modified his order in light of Thursday’s appeals decision, striking parts of his ruling that require the special master to prioritize documents marked classified and submit interim reports and recommendations as appropriate.
Cannon also removed a requirement that classified documents and attached papers be available for inspection by Trump’s lawyers.