Special tutor sets review timeline in Trump docs case, says he must explain franchise allegations

In a court filing Thursday, a federal judge tasked with reviewing materials seized by the FBI from Mar-a-Lago directed federal prosecutors to begin production of nearly 11,000 documents recovered last month from former President Donald Trump’s Florida home.

The plan and timetable laid out by US District Judge Raymond Deere states that by Monday, the Department of Justice should provide electronic copies of the unclassified material classified to both the Deere and Trump team.

For each document, Trump’s attorney must then determine whether it asserts attorney-client privilege, executive privilege, or whether the document is a personal or presidential record, according to Deere’s recent guidance.

For any document that Trump and his team designate as distinctive and/or personal, they must include a statement explaining the reasons for the particular declaration.

The government provided Trump and his lawyers with documents that the Justice Department’s “liquidation team” found likely to be privileged, and Deere said in a filing Thursday that Trump should then provide a record of his labels for the material — about whether he asserts a lien on something and whether it is personal. Presidential mother – to the government by Monday.

A courtroom diagram depicting Judge Raymond Derry presiding over his first public hearing since his appointment as special chief reviewer for documents seized last month by the FBI from Donald Trump’s Florida home, in a New York courtroom, September 20, 2022.

Jane Rosenberg/Reuters

Trump’s team must submit a final and complete review of all documents to the government by October 14, according to the special master.

Both parties must provide a record of any disputed appointments to Derie by October 21 (Derry said he needs the assistance of a retired federal judge, James Orenstein, to help review it).

In the event of a dispute with the government, the special master will resolve it.

The 11th US Court of Appeals on Wednesday streamlined Deere’s work by removing classified documents from his review and restoring government access to them as part of its investigation into how Trump, who denies wrongdoing, handled the records after leaving office. Among the materials the FBI says it recovered from Mar-a-Lago, court documents show, were 11 sets of documents with various classifications ranging from classified to highly classified and sensitive information.

Photo: An FBI photo of redacted documents and classified cover papers retrieved from a container stored on the property of former US President Donald Trump in Florida and included in the US Department of Justice file on August 30, 2022.

An FBI photo of redacted documents and classified cover papers retrieved from a container stored on the property of former US President Donald Trump in Florida and included in the US Department of Justice file on August 30, 2022.

US Department of Justice via Reuters

Wednesday’s 11th Circuit ruling was a partial halt to an order by U.S. District Judge Eileen Cannon to appoint a special master and essentially freeze government action pending Derry’s review.

Cannon on Thursday amended its order in light of the appeals decision, striking parts of its ruling that the special master needs to prioritize documents marked as confidential and make interim reports and recommendations as appropriate.

Cannon also removed a measure requiring that classified documents and attached papers must be available for examination by Trump’s attorney.

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