The special master is the most visible, but likely not the most important, aspect of the investigation into Donald Trump's possession of government papers.
No big public developments are expected in the Mar-a-Lago investigation until after the Nov. 8 midterms — in part because of a long-standing Justice Department practice to avoid doing anything that could be seen as helping one side or another in the election, and in part because the special master is still sorting through the less-sensitive material seized at the Florida property.
That review is underway. Trump’s attorneys and prosecutors have agreed on a vendor to upload the more than 20,000 pages of seized unclassified materials so both parties can digitally review them. Trump’s team examines the documents first, marking any that they deem potentially privileged. The government then reviews those documents, with Dearie stepping in to settle any disputes.
At a progress hearing Tuesday, Dearie sounded frustrated with both sides. He reproached Trump’s lawyers for claiming privileges in an initial batch of documents without providing any evidence to back up their claim.Even as Dearie moves ahead with the review, the Justice Department is still fighting the appointment of a special master in court. Judge Aileen M.
The Justice Department’s successful appeal of a portion of Cannon’s ruling enabled prosecutors and FBI agents to immediately regain access to the classified materials. Trump’s team filed a petition to the Supreme Court to overturn part of the decision by the 11th Circuit Court of Appeals, but the justices rejected it.
“If the appeals court agrees with the government, then the whole referral to the special master will be over,” said Mary McCord, who served as acting assistant attorney general for national security during President Barack Obama’s administration. “It has the potential to be a very minimal part of the investigation.
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