Trump's Request for Special Master 'Already Backfired'—Former Prosecutor.

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Trump's Request for Special Master 'Already Backfired'—Former Prosecutor
BY EWAN PALMER ON 9/21/22 AT 6:53 AM EDT

Donald Trump made a mistake with his preferred choice of special master as Judge Raymond Dearie is now demanding he provide proof he declassified documents seized from his Mar-a-Lago resort, according to a legal expert.
On Tuesday, the Department of Justice responded to the former president's legal team's request that classified documents removed by the FBI agents from his Florida home in August be kept from federal investigators conducting a criminal probe.
In their filings at the U.S. Court of Appeals for the 11th Circuit, the DoJ notes that Trump has often implied that he could have declassified the records before leaving office, but "conspicuously fails to represent, much less show, that he actually took that step."
The DoJ added that Trump is now resisting the special master request for evidence and describes efforts to raise questions about the classification of the documents as a "red herring."
"Even if Trump could show that he declassified the records at issue, there would still be no justification for restricting the government's use of evidence at the center of an ongoing criminal investigation," the DoJ wrote.

While sharing screenshots of the DoJ response on Twitter, attorney and former federal prosecutor Renato Mariotti suggested that Trump's request for a special master "has already backfired" and now he has been forced in a position "where he ended up declining, in writing, to state whether he declassified" any of the documents.
"Now DOJ is using that to undermine his argument on appeal," Mariotti said. "Self-inflicted wound by Trump's team."
Trump’s request for a special master has already backfired, putting him in a position where he ended up declining, in writing, to state whether he declassified any documents. Now DOJ is using that to undermine his argument on appeal.


"Didn't Team Trump know that the person they were choosing to uphold their dubious legal position is among the most respected members of the New York federal judiciary, admired for decades by prosecutors and defense counsel alike for his rational 'by the book' approach?"
Katzberg added that Trump's legal team expecting Dearie to "blindly uphold their extreme legal position" is another example of their "addiction to self-inflicted wounds" and "hemorrhaging of their client's ability to avoid criminal prosecution."


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Mar-a-Lago Special Master Torches Team Trump’s Bogus Declassification Argument
“You can't have your cake and eat it too,” Judge Raymond Dearie told the former president's lawyers on Tuesday

Donald Trump fought tooth and nail for the appointment of a “special master” to review the documents the FBI seized from Mar-a-Lago early last month. The first hearing before Judge Raymond Dearie on Tuesday indicated the former president and his legal team may have overplayed their hand.

Dearie said during the hearing that it is incumbent upon Trump’s lawyers to make a case that the documents seized were declassified. Trump has repeatedly insisted they are, but his team has refrained from doing so — possibly because it isn’t true. Dearie, who was recommended for the position by Trump’s team, told the former president’s lawyers that if they don’t provide compelling evidence that the documents are declassified, he will side with the Justice Department and treat the material as classified.

“If the government gives me prima facia evidence that they are classified documents, and you don’t advance any claim of declassification, I’m left with a prima facia case of classified documents,” Dearie said, “and as far as I’m concerned, that’s the end of it.”

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