Trump legal team balks at judge’s declassification questions
By ERIC TUCKER and MICHAEL R. SISAK
The purpose of the meeting was to sort out next steps in a review process expected to slow by weeks, if not months, the criminal investigation into the retention of top-secret information at Mar-a-Lago after Trump left the White House. As special master, Dearie will be responsible for sifting through the thousands of documents recovered during the Aug. 8 FBI search and segregating those protected by claims of executive privilege or attorney-client privilege.
But Dearie appeared unsatisfied with that position. He said if Trump’s lawyers will not actually assert that the records have been declassified and the Justice Department instead makes an acceptable case that they remain classified, then “as far as I’m concerned, that’s the end of it.” Trump has maintained without evidence that all of the records were declassified; his lawyers have not echoed that claim, though they have repeatedly asserted that a president has absolute authority to declassify information, and they said in a separate filing Tuesday that the Justice Department had not proven that the records remained classified.
In the letter, Trump’s lawyers said the time for addressing that question would be if they pressed forward with demands for the Justice Department to return some of the property taken from Mar-a-Lago. U.S. District Judge Aileen Cannon, a Trump appointee who granted the Trump team’s request for a special master, had set a Nov. 30 deadline for Dearie’s review and instructed him to prioritize his inspection of classified records. The Justice Department has asked a federal appeals court to halt Cannon’s order requiring it to provide him with classified documents for his review. That appeal is pending.
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