Special master tells Trump attorneys he needs answers on declassification claims

During his first hearing as the special master reviewing documents seized from former President Donald Trump's Mar-a-Lago resort, Judge Raymond Dearie on Tuesday pushed Trump's attorneys to answer whether or not their client declassified the material marked top secret.
The attorneys seemed resistant to Dearie's request that they show proof of Trump declassifying the documents, with one lawyer, James Trusty, saying they also should not be forced to disclose witness statements or declarations at this time. "My view of it is: you can't have your cake and eat it, too," Dearie replied. He said this is a civil action and Trump's team bears the burden of proof, and if they remain silent on the matter, it's likely he will agree with prosecutors who say all of the material is still classified.
FBI agents removed about 100 classified documents from Mar-a-Lago on Aug. 8, and several weeks later, Trump's attorneys asked a judge to appoint a special master to review all of the material seized, to see if any are shielded by attorney-client or executive privilege. The Justice Department argued that some of the classified material is so sensitive that many investigators couldn't even look at the documents, and as a matter of national security, they should not be subject to judicial review. U.S. District Judge Aileen Cannon, a Trump appointee, disagreed, and prosecutors have appealed.
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.
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
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
The Week contest: Amazon Bond
Puzzles and Quizzes
By The Week US Published
-
6 grand homes in Boulder
Feature Featuring a mountain-facing balcony in Lower Chautauqua and a clover-shaped home in Flagstaff
By The Week US Published
-
Why Serbian protesters set off smoke bombs in parliament
THE EXPLAINER Ongoing anti-corruption protests erupted into full view this week as Serbian protesters threw the country's legislature into chaos
By Rafi Schwartz, The Week US Published
-
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
By Elliott Goat, The Week UK Published
-
Birthright citizenship under threat in US
The Explainer Donald Trump wants to scrap the policy he calls a 'magnet for illegal immigration'
By Chas Newkey-Burden, The Week UK 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