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.
Sign up for Today's Best Articles in your inbox
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.
-
Why ghost guns are so easy to make — and so dangerous
The Explainer Untraceable, DIY firearms are a growing public health and safety hazard
By David Faris Published
-
The Week contest: Swift stimulus
Puzzles and Quizzes
By The Week US Published
-
'It's hard to resist a sweet deal on a good car'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
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
By Peter Weber, The Week US Published
-
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
By Peter Weber, The Week US Published
-
Judge reopens Trump challenge in secrets case
Speed Read Aileen Cannon continues to delay and complicate the classified documents case
By Rafi Schwartz, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published