Cannon had previously signaled an inclination to grant Trump’s request, but that was before the Justice Department’s dramatic filing this week. Here’s what to watch for Thursday’s hearing, which begins at 1 p.m. ET.:
How strongly is the DOJ moving after Trump’s spin?
Earlier this week, the Justice Department received permission from a judge to significantly exceed the page limit for Tuesday’s filing, and once it was filed, it was clear why. Prosecutors, they told the court in their final filing, wanted to provide “a detailed account of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative set forth in Plaintiff’s filing.” In the details it provided about the events leading up to the investigation, the Justice Department flight pushed back on several key points the Trump team had made in how it framed the probe. Since Trump suggested Wednesday that the administration was misleading (though he didn’t say how), prosecutors may be even more direct in how they rebuke the former president’s claims.
How does the dynamic play out in Team Trump?
Thursday’s hearing marks the first time Trump’s lawyers will argue in court over the investigation. Trump never sought to formally intervene in the separate legal battle that took place before a judge over the release of certain warrant documents. His attorney Christina Bobb appeared in the audience for a hearing on that dispute last month, but only to observe. In Tuesday’s filing, the Justice Department released an affidavit it signed to certify that classified material subpoenaed by Trump in June had been diligently sought and turned over to the FBI. The fact that the FBI found 100 more classified documents in the investigation in August cast “serious doubt” on her statements in the affidavit. Meanwhile, Trump added a new lawyer — former Florida Solicitor General Chris Keyes — to his team. He did so after the original lawsuit filed by his group was flagged by a judge as missing key legal elements related to the request.
Is the judge recalibrating her approach?
Judge Cannon’s move to tentatively announce that she was likely to appoint the special master raised eyebrows among outside observers. Even with his lawyers’ second-guessing to explain the proposal, Trump’s request threw open many legal questions surrounding the request. And their filing was filed two weeks after the investigation, meaning the Justice Department could well complete its internal review of the filter. The DOJ’s filing Tuesday afternoon pushed those concerns even further, telling the judge that materials cleared by the DOJ’s internal filter team had already been turned over to investigators in the case. Prosecutors also aggressively pushed back against Trump’s legal claims that his concerns about executive privilege justified the appointment. “Appointment of a special master to review materials potentially subject to claims of executive privilege would be particularly inappropriate because binding Supreme Court precedent precludes Plaintiff’s argument that Executive Branch personnel’s review of these materials raises any such concerns.” on privileges,” the Justice Department said. Tuesday.
If the judge grants the special primary assessment, what does it look like?
Prosecutors told the judge on Tuesday that if he were to grant Trump’s request, they would ask for certain conditions on how the special master procedure would work. They asked that his role be limited to claims of attorney-client privilege and that the process of appealing their decisions to court be expedited. More broadly, the Justice Department said the appointment of a special master would impede not only the criminal investigation, but also the national security risk assessment conducted by the intelligence community. Among the conditions required by the Department of Justice was that the special master hold a certain level of security clearance if he was to review classified material in the role.
title: “What To Watch For Thursday S Hearing On Documents Seized At Mar A Lago Klmat” ShowToc: true date: “2022-11-28” author: “Eric Parfitt”
Cannon had previously signaled an inclination to grant Trump’s request, but that was before the Justice Department’s dramatic filing this week. Here’s what to watch for Thursday’s hearing, which begins at 1 p.m. ET.:
How strongly is the DOJ moving after Trump’s spin?
Earlier this week, the Justice Department received permission from a judge to significantly exceed the page limit for Tuesday’s filing, and once it was filed, it was clear why. Prosecutors, they told the court in their final filing, wanted to provide “a detailed account of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative set forth in Plaintiff’s filing.” In the details it provided about the events leading up to the investigation, the Justice Department flight pushed back on several key points the Trump team had made in how it framed the probe. Since Trump suggested Wednesday that the administration was misleading (though he didn’t say how), prosecutors may be even more direct in how they rebuke the former president’s claims.
How does the dynamic play out in Team Trump?
Thursday’s hearing marks the first time Trump’s lawyers will argue in court over the investigation. Trump never sought to formally intervene in the separate legal battle that took place before a judge over the release of certain warrant documents. His attorney Christina Bobb appeared in the audience for a hearing on that dispute last month, but only to observe. In Tuesday’s filing, the Justice Department released an affidavit it signed to certify that classified material subpoenaed by Trump in June had been diligently sought and turned over to the FBI. The fact that the FBI found 100 more classified documents in the investigation in August cast “serious doubt” on her statements in the affidavit. Meanwhile, Trump added a new lawyer — former Florida Solicitor General Chris Keyes — to his team. He did so after the original lawsuit filed by his group was flagged by a judge as missing key legal elements related to the request.
Is the judge recalibrating her approach?
Judge Cannon’s move to tentatively announce that she was likely to appoint the special master raised eyebrows among outside observers. Even with his lawyers’ second-guessing to explain the proposal, Trump’s request threw open many legal questions surrounding the request. And their filing was filed two weeks after the investigation, meaning the Justice Department could well complete its internal review of the filter. The DOJ’s filing Tuesday afternoon pushed those concerns even further, telling the judge that materials cleared by the DOJ’s internal filter team had already been turned over to investigators in the case. Prosecutors also aggressively pushed back against Trump’s legal claims that his concerns about executive privilege justified the appointment. “Appointment of a special master to review materials potentially subject to claims of executive privilege would be particularly inappropriate because binding Supreme Court precedent precludes Plaintiff’s argument that Executive Branch personnel’s review of these materials raises any such concerns.” on privileges,” the Justice Department said. Tuesday.
If the judge grants the special primary assessment, what does it look like?
Prosecutors told the judge on Tuesday that if he were to grant Trump’s request, they would ask for certain conditions on how the special master procedure would work. They asked that his role be limited to claims of attorney-client privilege and that the process of appealing their decisions to court be expedited. More broadly, the Justice Department said the appointment of a special master would impede not only the criminal investigation, but also the national security risk assessment conducted by the intelligence community. Among the conditions required by the Department of Justice was that the special master hold a certain level of security clearance if he was to review classified material in the role.
