Reply to Donnie Dumptruck says Mar-A-Lago's been searched by the FBI

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Realistically she is looking at the equities. The DOJ investigation isn’t materially impaired by the appointment of a special master. The case team has had the documents for three weeks (with the exception of 520 pages that could be subject to attorney client privilege) and ODNI would be allowed to continue its national security assessment.

Trump OTOH is a former president and presumptive candidate for the nomination in 2024. The judge isn’t prepared to decide whether Trump can assert a blanket claim of executive privilege at this time, much less the question of declassification, and a special master can be used to conduct an independent review of the entirety of the 33 boxes/items for attorney client privileged documents. This will result in some delay. Maybe the judge is concerned DOJ siezed documents such as passports that can be used to tie Trump to control over the classified materials in the same drawer but this is in the realm of speculation. Yes, a judge is going to treat Trump is differently than other defendants in a criminal investigation because his status is ultimately different. [/quote]

So say the special master says some docs are privileged.  Then what?  What is the effect?  Does trump get them even though the PRA clearly says all presidential records belong to the US?  I’m trying to figure out what the point of this review would even be?[/quote]

The SM would typically issue a report and recommendation concerning which documents are privileged and should be returned. The burden will be on Trump to demonstrate a privilege applies and hasn’t been waived. DOJ could also argue an exemption, the most commonly known being crime/fraud. The parties can file objections to the recommendation and the district judge then issues her own ruling.

In the more typical case where potentially privileged documents have been siezed pursuant to warrant, the person asserting the privilege files an action for TRO almost immediately to (1) require law enforcement to permit defense counsel to review all of the siezed material, (2) appoint a SM to oversee the review, and (3) prevent  law enforcement from conducting any further review of the siezed material before a ruling in the motion for TRO. The reason for the TRO is that injury would be imminent and irreparable if law enforcement violated the privilege. The sequencing with a Trump is quite unusual. [/quote]

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