Derry also told them to say if they claim that any items on their inventory were not actually taken from the building.
Trump said on social media and in television interviews that the FBI planted things when they searched his residence and his Mar-a-Lago club on August 8. Too sensitive. His attorneys did not provide similar assertions in court, but instead said they had not reviewed the confiscated materials and could not confirm whether the government inventory was accurate.
The Derry order, in essence, asks Trump’s lawyers to back up their clients’ allegations. “This submission should be the Plaintiff’s last opportunity to raise any factual dispute regarding the completeness and accuracy of the detailed property inventory,” he wrote.
At Tuesday’s hearing, Deere pressed Trump’s lawyers to take a stand on whether the classified documents, Trump said, had been declassified, but they objected.
Status of the main investigations involving Donald Trump
Derry’s approach is strikingly different from the way Judge Eileen Cannon — the Florida District Court judge who approved Trump’s request to appoint a special master earlier this month — handled her part of the case.
Cannon never asked Trump’s lawyers to explain why they thought the inventory might be inaccurate or why they implied that some documents classified as classified were not in fact classified.
In his order, Derry gave the government — which is investigating possible mishandling of classified information in Mar-a-Lago — until Monday to provide a statement showing whether its inventory was a complete and accurate representation of what was seized. The government should also later respond to any factual disputes the Trump team raises in its files.
Cannon appointed Derry to review nearly 11,000 documents seized from Mar-a-Lago and determine whether any should be protected from criminal investigators because of allegations of attorney-client privilege or the more vague and contested assertion of executive privilege.
Her order prevented the Justice Department from accessing confidential documents of its criminal investigation until it could be reviewed. But the Ministry of Justice has successfully appealed this part of the decision. The Eleventh Circuit Court of Appeals ruled late Wednesday that the classified material should not be part of the special master review and that the FBI could use it.
The Trump team can appeal this decision to the Supreme Court.
The Ministry of Justice investigation on January 6 examines…everything
Deere’s order said Thursday that Trump’s attorneys and the government should review non-classified documents on a rolling basis, with Trump’s team reviewing them first and flagging any documents they believe are distinctive. The Department of Justice will then note if it agrees with this assertion, and Derry will resolve any disagreements between the parties.
They must submit all documents to Derie by October 21 — more than a month before the Thanksgiving deadline set by Cannon for the special key review. Trump’s lawyers said at a hearing Tuesday in Derry District Court in Brooklyn that they believe his proposed schedule will not allow them enough time to thoroughly research all of the documents.
Derry also said in his order Thursday that James Orenstein, a former U.S. Magistrate for the Eastern District of New York, will assist him in the review. He said Orenstein served on the Foreign Intelligence Surveillance Court and holds a top-secret government clearance, meaning he would in theory be able to review many of the seized classified documents if necessary.
Read Special Tutor Raymond Deere’s Sept. 22 application
Orenstein is best known for the 2015 case in which he determined that prosecutors did not have the legal authority to compel Apple to help investigators bypass a drug dealer’s iPhone passcode feature.
Derry said he expects to use court personnel from New York’s Eastern District to help him with his own major duties.
Trump’s team suggested that Derry be a private master – and the government agreed that he would be the appropriate choice. He then appointed Cannon Derry, ordering Trump’s legal team to cover the costs.
Because Derry remains an active federal judge, he said in his filing Thursday, he does not plan to indict Trump for his work on this review. But he suggested that Orenstein be paid $500 an hour.