In a scathing 21 page court filing, former president Donald Trump retaliated against the Department of Justice.
The filing was made on Monday, The Daily Mail said, as the former president referred to the FBI’s seizure of records from his Mar-a-Lago home as a “misguided storage dispute.”
As a “sensible preliminary step towards bringing order from chaos,” the former president’s attorneys commended US District Judge Aileen Cannon’s choice to halt the study of his records while they await the appointment of a special master.
The lawsuit stated: “The Government unjustly tries to criminalize the ownership by the 45th President of his own Presidential and personal documents in what at its core is a document storage dispute that has spun out of hand.
What is evident with regard to all of the items confiscated is that they do not belong with the Department of Justice, but rather with either President Trump (as his personal property to be returned in accordance with Rule 41(g)) or with NARA, the statement read.
Cannon’s decision to continue scrutinizing the records was criticized by the government, and the Trump campaign responded.
The statement read, “The Government’s view implies that if a document has a classification marking, it stays classified regardless of any actions performed during President Trump’s tenure in office.
Despite Trump asserting in numerous public appearances and pronouncements that he had not taken confidential materials because he had waived their secrecy as commander-in-chief, the ex-attorneys president’s have looked hesitant to make that claim in court.
Trump’s attorneys openly contradict him in their court filing, claiming that the Biden administration hasn’t “proved certain data remain classified,” and that the matter will be decided “later.”
Cannon did permit the intelligence community’s separate study of the documents to proceed despite ordering the FBI to temporarily cease its investigation.
Given that the same senior DOJ and FBI officials are ultimately in charge of overseeing the criminal investigation and making sure that DOJ and FBI are appropriately coordinating with the [Intelligence Community] on its own review, federal prosecutors argued on Thursday that allowing one without the other is impractical.
Trump has stated that they should split the cost of the special master in the case, according to Mediaite. The Department of Justice wants the former president to pay for him.
In the document, it was stated that the plaintiff “proposes to split equally the professional fees and expenditures of the Special Master and any professionals, support staff, and expert consultants engaged at the Master’s request.”
The statement read, “The Government’s view is that Plaintiff should cover the additional expense of the Special Master’s labor as the party asking the Special Master.”
Additionally, both sides submitted their special master candidates.
Those the government has nominated
The Honorable Barbara S. Jones (ret. ), a retired judge of the United States District Court for the Southern District of New York, is a partner at Bracewell LLP and served as a special master in the cases In re: in the Matter of Search Warrants Executed on April 28, 2021 and In re: in the Matter of Search Warrants Executed on April 9, 2018 and In re: in the Matter of Search Warrants Executed on April 9, 2018.
The Honorable Thomas B. Griffith (ret.) is a retired circuit judge for the District of Columbia Circuit of the United States Court of Appeals, special counsel at Hunton Andrews Kurth LLP, and Harvard Law School lecturer on law.
Candidates proposed by the Plaintiff
Former United States Attorney for the Eastern District of New York and former Chief Judge of the United States District Court for the Eastern District of New York, the Honorable Raymond J. Dearie (ret.) sat on the Foreign Intelligence Surveillance Court.
Former Jones Day partner, founder of The Huck Law Firm, former general counsel to the governor, and former deputy attorney general for the state of Florida is Paul Huck, Jr.
The Department of Justice has made the decision to challenge the judge’s choice to appoint a special master to supervise the documents seized from the private residence of former President Donald Trump.
Additionally, it requested that Judge Aileen Cannon postpone her ruling that barred the Department of Justice from reviewing the materials any further, according to NBC News.
The actions were taken three days after Cannon granted Trump’s request for a special master to search the confiscated materials for personal goods and documents covered by executive privilege or the attorney-client privilege.
The DOJ had objected to that motion, claiming that a team of agency employees had previously reviewed the documents for privilege and that a special master might compromise the government’s interests in national security.
In another court filing Thursday, the DOJ asked Cannon to make public a notice on the status of that team’s filter review process, which had been filed under seal on Aug. 30.