Tuesday, October 4, 2022

Special Master faucets retired choose with ‘Top Secret’ clearance to help in evaluate of seized Mar-a-Lago data

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Special Master Raymond Dearie has tapped a retired Justice of the Peace choose who served as an neutral adviser to the Foreign Intelligence Surveillance Court to help in his impartial evaluate of the hundreds of data seized by the FBI from former President Trump’s Mar-a-Lago property.

In a submitting Thursday, Dearie stated he has “determined that the efficient administration of the Special Master’s duties requires the assistance of the Honorable James Orenstein (Ret.), a former United States Magistrate Judge for the Eastern District of New York, who has experience with complex case management, privilege review, warrant procedures, and other matters that may arise in the course of the Special Master’s duties.” 


Dearie stated that Orenstein has served as “an appointed amicus curiae in the Foreign Intelligence Surveillance Court” and “currently holds Top Secret clearance.” 


Dearie, who additionally served on the FISC, signed off on a FISA warrant to surveil Trump marketing campaign aide Carter Page—earlier than the FBI misconduct surrounding that utility was found.

Former president Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida. 
(Charles Trainor Jr./Miami Herald/Tribune News Service by way of Getty Images)

Dearie, within the submitting Thursday, stated he’ll make the most of the Eastern District of New York courtroom workers in finishing up his duties as particular grasp.

Dearie, within the submitting, famous that he’ll “seek no additional compensation for performing the duties of Special Master in this action,” however proposed that Judge Orenstein “be compensated at the hourly rate of $500.” 

The particular grasp, with the help of Orenstein, is tasked with reviewing roughly 11,000 data seized by the FBI throughout its unprecedented raid of Trump’s personal residence. The particular grasp and his workforce will evaluate these data for government privilege, attorney-client privilege, and for private data.

The Justice Department’s movement was accepted by the eleventh Circuit Court this week, which permits the federal government to proceed its evaluate of the roughly 100 labeled paperwork seized through the raid on Aug. 8.

Dearie, on Thursday, additionally ordered that the Justice Department submit a declaration or an affidavit as as to whether the property stock receipt represents the “full and accurate extent of the property seized” from Mar-a-Lago, “excluding documents bearing classification markings” no later than Sept. 26.

No later than Sept. 30, Dearie requested the Trump workforce to offer a declaration of affidavit that features a record of any particular objects within the property stock that they assert weren’t seized from the premises; an inventory of things that have been seized however to which the outline of the contents or the placement of the merchandise was incorrect; and an inventory and outline of any merchandise that Trump’s authorized workforce asserts was seized however just isn’t listed within the property receipt.

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Florida. On Wednesday, an appeals court lifted a judge's ruling that blocked the Justice Department from using classified records seized.

This picture contained in a courtroom submitting by the Department of Justice on Aug. 30, 2022, and redacted by partially by the FBI, exhibits a photograph of paperwork seized through the Aug. 8 search by the FBI of former President Donald Trump’s Mar-a-Lago property in Florida. On Wednesday, an appeals courtroom lifted a choose’s ruling that blocked the Justice Department from utilizing labeled data seized.
(Department of Justice by way of AP)

“This submission shall be plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed property inventory,” Dearie wrote within the submitting.

Dearie stated that on Friday, Trump’s authorized workforce and the federal government must agree upon and contract with a “document review vendor” that can “host the seized materials in electronic form.”


No later than Sept. 26, Dearie stated the federal government should make obtainable all seized supplies in an digital format, together with a spreadsheet for every doc which specifies whether or not the DOJ’s Privilege Review Team has designated the doc as probably privileged, and whether or not the doc might be lined by attorney-client or government privilege.

The FBI has been criticized for raiding former President Donald Trump's Mar-a-Lago home.

The FBI has been criticized for raiding former President Donald Trump’s Mar-a-Lago house.
(Fox News)

Dearie then ordered that Trump’s authorized workforce present him and the federal government an annotated copy of that spreadsheet asserting attorney-client communication privilege; legal professional work product privileges that prohibit evaluate of the doc inside the government department; government privilege that prohibits dissemination of the doc to individuals or entities exterior the manager department; and whether or not a doc is a presidential document or a private document.

Dearie stated these designations needs to be accomplished on a document-by-document foundation, and ordered that the Trump workforce embrace a quick assertion explaining the premise for his or her designation.


Dearie stated Trump’s authorized workforce wants to offer its ultimate and full log of designations on or earlier than Oct. 14.

U.S. District Judge Aileen Cannon, who appointed Dearie as particular grasp, stated he had till Nov. 30 to evaluate the data.

Dearie scheduled a standing convention for October 6.

Fox News’ David Spunt and Bill Mears contributed to this report. 

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