The declaration must include “a list of the specific items listed in the detailed property inventory that the plaintiff claims were not seized from the premises on August 8, 2022.”
This is because Trump himself, some of his lawyers, and some of his outside Republican supporters have publicly claimed that the FBI planted evidence on Mar-a-Lago during the Aug. 8 raid. , emerged as an issue in this case.
However, they have not provided any evidence to support these accusations.
The new order from Dearie on Thursday comes two days after he held his first in-person hearings with Trump’s attorneys and federal prosecutors, and his order on how a special master review will proceed. It explains the plan in detail.
On Wednesday night, Trump suggested the FBI would plant evidence during the investigation. He asked Fox News’ Sean Hannity, “Did they drop anything in the pile of material they took from Mar-a-Lago?”
When Hannity asked if there was a video of it, Trump replied, “No, I don’t think so.”
A judge has set a Sept. 30 deadline for Trump’s attorneys to file this affidavit. He also asked the Department of Justice to submit a declaration establishing material facts about the investigation.
The FBI previously declined to comment on the improper allegations it was investigating. “I hope you understand that’s not what I’m talking about, so I’ll refer you to the (justice) department…”
Dear one opens the door to witness testimony on documents
Dearie opened the door on Thursday to call “witnesses with knowledge of the relevant facts” to hold a hearing where they can testify about the Mar-a-Lago search and seized materials.
If this happens, it could be a bear-or-shut-up moment on Trump’s part.
The Justice Department also has until Monday to provide Trump’s attorneys with “copies of all seized material.” Required so that we can determine if the material should be protected under attorney/client or executive privilege.
The deadline for Trump’s team to complete a review of all documents for potential privileged designation is Oct. 14, but they must submit a “rolling” batch of designations along the way. Deary ordered both sides to complete their reviews and send him the final designations by October 21st.
The judge also suggested there could be documents subject to executive privilege but subject to review by the Department of Justice, which is part of the executive branch. would be a more nuanced view than the one provided by Fundamentally, federal prosecutors should not be allowed to view these privileged documents or use them as part of an investigation.
Deary also raised the possibility of sending part of the proceedings back to Justice of the Peace Bruce Reinhart, who said there was a probable cause for multiple crimes taking place in Mar-a-Lago. The judge has since been the target of death threats and online criticism from Trump supporters, who have publicly pushed several false allegations about him.
Retired Judge Called to Assist with Review
Deary also plans to hire a retired federal judge from the Eastern District of New York to assist in his review, and to ask that district’s staff to review the materials.
Judge James Orenstein has experience in “complex case management, privilege review, warrant proceedings” and other related topics, and currently holds a top-secret security clearance, Deary said.
A biography page at the law firm where Orenstein previously worked says that Orenstein “served the prosecution team in the Oklahoma City bombing trial.” Attorney General Merrick Garland took a leading role early in his career in the Oklahoma City investigation.
Dearie said he would not seek additional compensation for working as a special master because he currently receives a U.S. government salary as a federal judge. , which would be covered by Trump based on previous court rulings in this case.
CNN’s Josh Campbell contributed to this report.