The draft plan, according to Trump’s letter, “requires Plaintiffs to disclose specific information related to declassification to the Court and to the Government.”
“We respectfully submit that the time and place for affidavits or declarations will relate to the Rule 41 motion specifically confirming declassification as a component of the return argument.” , the letter refers to a type of petition that can be filed calling for the return of property that was illegally seized during a search.
“Otherwise, the Special Master process would compel Plaintiff to fully and specifically disclose the defense for any subsequent indictment without such a requirement being explicitly enshrined in the Court’s order.” county,” the Trump team’s letter continued.
In their filing, the former President’s attorneys also flagged concerns with the draft plan’s explicit proposal to bring Rule 41 motions to court before U.S. District Judge Bruce Reinhart, the judge. The judge approved the FBI’s search warrant. Trump’s lawyers argued that Cannon, a Trump appointee who made the special master appointee, intended to let that litigation happen through the special master process, with Dearie’s recommendations. finally reported to her.
Trump’s attorneys, in their letter to Dearie, also suggested pushing back some of the temporary deadlines already included in the draft plan.
“While we are concerned about including two aspects of the Draft Plan (the timing of any declassified disclosures and summary information regarding the transfer to the issuing judge), we generally agree with Your proposed sequence but suggest addressing the potential deadline tomorrow at the state conference,” the Trump attorneys wrote.
In a separate filing on Monday, the Justice Department proposed a system for owners to specifically review documents seized from Trump’s Palm Beach mansion and resort.
So that both the Trump team and prosecutors could evaluate the evidence at the same time, prosecutors suggested in the filing that the documents be uploaded to a third-party online platform.
The Justice Department suggests that the third-party vendor “batches” the documents on a rotating basis as they are scanned for both prosecutors and Trump’s defense team. Attorneys should plan to sort around 500 documents per business day, the DOJ said.
Once the review began, prosecutors suggested that Dearie hold a “weekly review” with both parties to “resolve questions and ensure the smooth functioning of the review process.”
The department also said it would propose a protective order for Cannon’s approval, which would make details leaked from the forfeited collection punishable by contempt of court “or any any other legally available penalty that the Court deems appropriate.”
In its filing, the DOJ noted that if the 11th U.S. Court of Appeals approves a request to block portions of Cannon’s order asking for a special whole, Dearie would not be allowed to review more than 100 documents marked as classified.
“If Eleventh Circuit does not continue to review the classified documents, the government will propose a course of action,” prosecutors wrote in the filing.
This story was updated with additional developments on Monday.