Justice Department says it already reviewed Mar-a-Lago files, complicating Trump's special master request

The Justice Department said Monday its special "filter team" has completed its review of the documents taken from Mar-a-Lago during an Aug. 8 raid, complicating former President Donald Trump's request that a "special master" review the documents before criminal investigators examine them. U.S. District Judge Aileen Cannon said Saturday that her "preliminary intent" is to approve Trump's request, setting a Thursday hearing to discuss the matter.
Before Saturday's preliminary order, a court-approved "Privilege Review Team" had already "completed its review of those materials" and "identified a limited set of materials that potentially contain attorney-client privileged information," the Justice Department told Cannon. According to the search warrant affidavit, the special review team was sent to search Trump's office in Mar-a-Lago and reviewed the seized material for any "containing potentially attorney-client privileged information."
Trump's team did not request a special master to filter out papers potentially shielded by attorney-client privilege, however; they asked for removing items protected by executive privilege.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"Legal experts have raised doubts about how that would apply in this context," Politico notes. "Under the Presidential Records Act, ownership of official White House records transfers to the National Archives when a presidency ends," and executive privilege is typically invoked by a sitting president to shield communications with the courts or Congress, not an executive branch agency like the Justice Department. And the Justice Department already rejected Trump's executive privilege claims with a previous batch of presidential records.
"I think this issue of executive privilege is a loser," law professor and former federal prosecutor Barbara McQuade tells The New York Times. "Even if this judge rules in his favor, they can appeal it, and it seems very likely the government would prevail." Also, Trump's lawyers waited two weeks to ask for special review, giving the Justice Department ample time to examine the documents, she added. "The horse is out of the barn."
The Justice Department also noted in Monday's filing that U.S. intelligence agencies are doing a separate classification review of the documents taken from Mar-a-Lago — possibly clarifying "Trump's questionable claims that he had declassified everything that he took to his Florida residence," the Times reports — and an assessment of potential risks to national security from Trump's storage of top secret government files in an unsecured location.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Perfect summer beach reads
The Week Recommends Ditch the dreary for a 'dose of delight' on your next trip away
-
Follow in Monet's footsteps on Le Meurice's art trail
The Week Recommends Guests are transported back to Paris' Impressionist era with a knowledgeable guide
-
Sowaka: a fusion of old and new in Kyoto
The Week Recommends Japanese tradition and modern hospitality mesh perfectly at this restored ryokan
-
The countries around the world without jury trials
The Explainer Legal systems in much of continental Europe and Asia do not rely on randomly selected members of the public
-
ICC under attack: can court continue to function?
Today's Big Question US sanctions 'designed not only to intimidate court officials and staff' but 'also to chill broader cooperation', say rights group
-
Birthright citizenship under threat in US
The Explainer Donald Trump wants to scrap the policy he calls a 'magnet for illegal immigration'
-
ABC News to pay $15M in Trump defamation suit
Speed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
-
Judge reopens Trump challenge in secrets case
Speed Read Aileen Cannon continues to delay and complicate the classified documents case
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent