The special master appointed to review documents federal agents seized at former President Donald Trump's Florida estate appeared doubtful about Trump's contention.
Monday night that they didn't want to disclose the information yet because it could force them to prematurely "disclose a defense to the merits of any subsequent indictment."
While Trump's filing claimed neither side had provided a showing that the documents are classified, Dearie said the government had presented "prima facie evidence" that the documents are, because they bear classification markings. Trump attorney James Trusty maintained that "we should not be in a position to have to disclose declarations" and witness statements about the classification issue. Dearie suggested their not doing so could be problematic for their case.Justice Department lawyer Julie Edelstein noted that some of the documents "are so sensitive that even members of the team that is investigating possible offenses here have not yet been provided the clearances to see these documents.
"I don't want to see the material — it's presumably sensitive material," he said, adding that if he can make his recommendations to the judge who asked him for them "without exposing myself or to you to that material, I will do it."Dearie said he would issue a scheduling order later Tuesday and noted that "there are 11,000 documents" at issue, saying "we have a short period of time" to review them for privilege issues.