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Trump legal team asks for neutral 'special master' to review files seized from Mar-a-Lago

Trump legal team asks for neutral 'special master' to review files seized from Mar-a-Lago
this week is going to be *** significant week in the investigation into the documents found at mar *** Lago because we are expecting the Justice Department to tell *** magistrate judge in florida what parts of the search warrant affidavit it relied on to search Donald trump's home can be disclosed to the public. Former President Donald trump and representatives for media organizations including the Ap have asked for the unsealing of the affidavit that seems unlikely to have and I think it's clear based on the hearing last week that the judge is sensitive to concerns from the Justice Department that *** document like this should probably not be disclosed in its entirety in full. And the just department says we don't think any of it can be released because it's an ongoing investigation and disclosure of any part of it could affect witnesses could tip off the investigative techniques and tactics were still using could shed more light than we want on this investigation And they say to the judge if we were to redact what we think should not be released, the document would be rendered basically meaningless because we will be rid acting so much. And the magistrate today in *** 13 page order effectively said I'll be the judge of that that might in fact be the case. But let me first review the proposed redactions. One outstanding element is the lawyers for president trump have in tv interviews over the last several days floated the possibility that they might request *** special master that would be an independent person to review the documents that were recovered from MAr *** Lago to see which are part of the investigation and which are exempt from being consider part of the investigation because they're protected by some sort of legal privilege. That would make them out of bounds for investigators to review. And in some jurisdictions, that's been *** retired judge who's been appointed for such *** role. We have not yet seen *** filing in that regard, we're not sure if that's still coming or what the deal is, but that's been something that the trump lawyers have talked about.
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Trump legal team asks for neutral 'special master' to review files seized from Mar-a-Lago
Video above: Judge says Trump affidavit may be heavily redactedLawyers for former President Donald Trump asked a federal judge Monday to halt the FBI's review of documents recovered from his Florida estate earlier this month until a neutral special master can be appointed to inspect the records.The request was included in a federal lawsuit, the first filing by Trump's legal team in the two weeks since the search, that takes broad aim at the FBI investigation into the discovery of classified records at Mar-a-Lago and that foreshadows arguments his lawyers are expected to make as the probe proceeds.The lawsuit casts the Aug. 8 search, in which the FBI said it recovered 11 sets of classified documents from Mar-a-Lago, as a “shockingly aggressive move." It also attacks the warrant as overly broad, contends that Trump is entitled to a more detailed description of the records seized from the home and argues that the FBI and Justice Department has long treated him “unfairly.”"Law enforcement is a shield that protects America. It cannot be used as a weapon for political purposes," the lawyers wrote Monday. “Therefore, we seek judicial assistance in the aftermath of an unprecedented and unnecessary raid” at Mar-a-Lago.In a separate statement, Trump said “ALL documents have been previously declassified” — though he has not produced evidence to support that claim — and described the records as having been “illegally seized from my home." The Justice Department countered in a terse three-sentence statement pointing out that the search had been authorized by a federal judge after the FBI presented probable cause that a crime had been committed.The filing requests the appointment of a special master not connected the case who would be tasked with inspecting the records recovered from Mar-a-Lago and setting aside those that are covered by executive privilege — a principle that permits presidents to withhold certain communications from public disclosure.In some other high-profile cases — including investigations involving Rudy Giuliani and Michael Cohen, two of Trump's personal attorneys — that role has been filled by a former judge.“This matter has captured the attention of the American public. Merely ‘adequate’ safeguards are not acceptable when the matter at hand involves not only the constitutional rights of President Trump, but also the presumption of executive privilege,” the attorneys wrote.The lawsuit argues that the records, created during Trump's White House tenure, are “presumptively privileged.” But the Supreme Court has never determined whether a former president can assert executive privilege over documents, writing in January that the issue is unprecedented and raises “serious and substantial concerns.”The high court turned down Trump’s plea to block records held by the National Archives from being turned over to the Jan. 6 committee, saying then that his request would have been denied even if he had been the incumbent president, so there was no need to tackle the thorny issue of a former president’s claims.The lawsuit paints Trump as “fully cooperative” and compliant with investigators, saying members of his personal and household staff were made available for voluntary interviews and quoting him as telling FBI and Justice Department officials during a June visit to Mar-a-Lago, “Whatever you need, just let us know.”But the chronology of events makes clear that the search took place only after other options to recover classified documents from the home had been incomplete or unsuccessful. In May, for instance, weeks before the search, the Justice Department issued a subpoena for records bearing classification markings.The Trump team's lawsuit was assigned to U.S. District Judge Aileen M. Cannon, who was nominated by Trump in 2020 and confirmed by the Senate 56-21 later that year. She is a former assistant U.S. attorney in Florida, handling mainly criminal appeals.The months-long investigation, which burst into public view with the Mar-a-Lago search, emerged from a referral from the National Archives, which earlier this year retrieved 15 boxes of documents and other items from the estate that should have been turned over to the agency when Trump left the White House. An initial review of that material concluded that Trump had brought presidential records and several other documents that were marked classified to Mar-a-Lago.FBI and Justice Department officials visited Mar-a-Lago in June and asked to inspect a storage room. Several weeks later, the Justice Department subpoenaed for video footage from surveillance cameras at the estate. After the meeting at Mar-a-Lago, investigators interviewed another witness who told them that there were likely additional classified documents still at the estate, according to a person familiar with the investigation who was not authorized to speak publicly about it.Separately Monday, a federal judge acknowledged that redactions to an FBI affidavit spelling out the basis for the search might be so extensive as to make the document “meaningless” if released to the public. But he said he continued to believe it should not remain sealed in its entirety because of the “intense” public interest in the investigation.A written order from U.S. Magistrate Judge Bruce Reinhart largely restates what he said in court last week, when he directed the Justice Department to propose redactions about the information in the affidavit that it wants to remain secret. That submission is due Thursday at noon.Justice Department officials have sought to keep the entire document sealed, saying disclosing any portion of it risks compromising an ongoing criminal investigation, revealing information about witnesses and divulging investigative techniques. They have advised the judge that the necessary redactions to the affidavit would be so numerous that they would strip the document of any substantive information and make it effectively meaningless for the public.Reinhart acknowledged that possibility in his Monday order, writing, “I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government.”___Associated Press writers Curt Anderson, Jill Colvin in New York and Mark Sherman contributed to this report.

Video above: Judge says Trump affidavit may be heavily redacted

Lawyers for former President Donald Trump asked a federal judge Monday to halt the FBI's review of documents recovered from his Florida estate earlier this month until a neutral special master can be appointed to inspect the records.

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The request was included in a federal lawsuit, the first filing by Trump's legal team in the two weeks since the search, that takes broad aim at the FBI investigation into the discovery of classified records at Mar-a-Lago and that foreshadows arguments his lawyers are expected to make as the probe proceeds.

The lawsuit casts the Aug. 8 search, in which the FBI said it recovered 11 sets of classified documents from Mar-a-Lago, as a “shockingly aggressive move." It also attacks the warrant as overly broad, contends that Trump is entitled to a more detailed description of the records seized from the home and argues that the FBI and Justice Department has long treated him “unfairly.”

"Law enforcement is a shield that protects America. It cannot be used as a weapon for political purposes," the lawyers wrote Monday. “Therefore, we seek judicial assistance in the aftermath of an unprecedented and unnecessary raid” at Mar-a-Lago.

In a separate statement, Trump said “ALL documents have been previously declassified” — though he has not produced evidence to support that claim — and described the records as having been “illegally seized from my home." The Justice Department countered in a terse three-sentence statement pointing out that the search had been authorized by a federal judge after the FBI presented probable cause that a crime had been committed.

The filing requests the appointment of a special master not connected the case who would be tasked with inspecting the records recovered from Mar-a-Lago and setting aside those that are covered by executive privilege — a principle that permits presidents to withhold certain communications from public disclosure.

In some other high-profile cases — including investigations involving Rudy Giuliani and Michael Cohen, two of Trump's personal attorneys — that role has been filled by a former judge.

“This matter has captured the attention of the American public. Merely ‘adequate’ safeguards are not acceptable when the matter at hand involves not only the constitutional rights of President Trump, but also the presumption of executive privilege,” the attorneys wrote.

The lawsuit argues that the records, created during Trump's White House tenure, are “presumptively privileged.” But the Supreme Court has never determined whether a former president can assert executive privilege over documents, writing in January that the issue is unprecedented and raises “serious and substantial concerns.”

The high court turned down Trump’s plea to block records held by the National Archives from being turned over to the Jan. 6 committee, saying then that his request would have been denied even if he had been the incumbent president, so there was no need to tackle the thorny issue of a former president’s claims.

The lawsuit paints Trump as “fully cooperative” and compliant with investigators, saying members of his personal and household staff were made available for voluntary interviews and quoting him as telling FBI and Justice Department officials during a June visit to Mar-a-Lago, “Whatever you need, just let us know.”

But the chronology of events makes clear that the search took place only after other options to recover classified documents from the home had been incomplete or unsuccessful. In May, for instance, weeks before the search, the Justice Department issued a subpoena for records bearing classification markings.

The Trump team's lawsuit was assigned to U.S. District Judge Aileen M. Cannon, who was nominated by Trump in 2020 and confirmed by the Senate 56-21 later that year. She is a former assistant U.S. attorney in Florida, handling mainly criminal appeals.

The months-long investigation, which burst into public view with the Mar-a-Lago search, emerged from a referral from the National Archives, which earlier this year retrieved 15 boxes of documents and other items from the estate that should have been turned over to the agency when Trump left the White House. An initial review of that material concluded that Trump had brought presidential records and several other documents that were marked classified to Mar-a-Lago.

FBI and Justice Department officials visited Mar-a-Lago in June and asked to inspect a storage room. Several weeks later, the Justice Department subpoenaed for video footage from surveillance cameras at the estate. After the meeting at Mar-a-Lago, investigators interviewed another witness who told them that there were likely additional classified documents still at the estate, according to a person familiar with the investigation who was not authorized to speak publicly about it.

Separately Monday, a federal judge acknowledged that redactions to an FBI affidavit spelling out the basis for the search might be so extensive as to make the document “meaningless” if released to the public. But he said he continued to believe it should not remain sealed in its entirety because of the “intense” public interest in the investigation.

A written order from U.S. Magistrate Judge Bruce Reinhart largely restates what he said in court last week, when he directed the Justice Department to propose redactions about the information in the affidavit that it wants to remain secret. That submission is due Thursday at noon.

Justice Department officials have sought to keep the entire document sealed, saying disclosing any portion of it risks compromising an ongoing criminal investigation, revealing information about witnesses and divulging investigative techniques. They have advised the judge that the necessary redactions to the affidavit would be so numerous that they would strip the document of any substantive information and make it effectively meaningless for the public.

Reinhart acknowledged that possibility in his Monday order, writing, “I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government.”

___

Associated Press writers Curt Anderson, Jill Colvin in New York and Mark Sherman contributed to this report.