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Following widespread speculation that the FBI raid against President Donald Trump was politically motivated, the judge designated a special master to the case.
In part, the purpose of the special master is to ensure the government properly list items taken from Trump’s home in August. For example, the government wrongfully stole and then failed to report taking Trump’s passports, which were later returned.
In a new plan, U.S. District Judge Raymond Dearie, the special master, may order that the government return more seized materials to Trump.
There were non-classified materials taken from Trump. There were also roughly 100 materials marked classified and seized, although Trump may argue he declassified them as President.
Trump has already motioned for the return of his property.
The judge, who was appointed by President George W. Bush, was chosen by both Trump attorneys and Department of Justice (DOJ) lawyers.
Judge Dearie outlined his plan which begins starts with having a government official “with sufficient knowledge of the matter” submit a declaration or affidavit regarding an inventory list DOJ officials have released.
The official must confirm the list “represents the full and accurate extent of the property seized from” from Mar-a-Lago.
Trump’s team will have the opportunity to review the materials and specify any privilege claims, including any claims for documents that were not deemed potentially privileged by the government.
Either party can request an oral argument. In the end, the special master will decide whether Trump shall receive any of the seized materials back.
More on this story via The Epoch Times:
Dearie and the Trump attorneys are still poised to review each page of non-classified materials taken from the resort.
Dearie wants the government to list each document and say whether the government filter team identified the document as potentially covered by a form of privilege, such as attorney-client privilege. Trump’s team has already received an initial set of potentially privileged documents, according to Dearie. After Dearie will resolve any disputes on privilege.
The final log of privilege designations is due to Dearie on or before Oct. 21.
Trump must submit a brief in support of the motion no less than seven days after Cannon finishes ruling on the case management plan and any objections. The government will then respond, and Trump can respond to the government’s response.
Dearie said that he will “promptly issue a report and recommendation after briefing and oral argument has been completed.” Cannon has the final say on the motion.
