Federal prosecutors initially filed a proof of ownership in the U.S. District Court for the Southern District of Florida on Tuesday, though it was sealed. The Justice Department told the court in a separate filing that it was prepared to release the proof because of the “extraordinary circumstances” of the case and provide it to Trump “promptly.” Trump’s legal team said it was not opposed to unsealing the detailed list. It remained sealed as of Thursday afternoon. Last month, the Justice Department agreed to release a more generalized version of the list, along with the warrant used to justify the search. That list revealed that the FBI seized 11 sets of documents containing material marked classified, including four sets containing documents marked “top secret,” in the Aug. 8 search of Mar-a-Lago, Trump’s estate. U.S. District Judge Ellen Cannon, who is overseeing Trump’s lawsuit stemming from the Aug. 8 probe, ordered the detailed list released during a hearing Thursday. Justice Department lawyers and members of Trump’s legal team appeared to be at odds over whether the judge should appoint a “special master” to review documents seized by federal agents. Cannon did not rule on the special master from the bench, but said she would issue a written order “in due course.” She appeared potentially willing to block the Justice Department’s access to the seized materials if she appointed a special master, but appeared open to allowing the Office of the Director of National Intelligence to continue evaluating the documents for potential national security risks. During the hearing, federal prosecutors said an FBI filtering team, a group of agents responsible for reviewing and setting aside documents that may be privileged, reviewed 520 pages from 64 sets of documents. The files were taken from a warehouse in Mar-a-Lago and Trump’s office, known as “Office 45” by the Justice Department, they said. Evan Corcoran and Lindsey Halligan, members of former President Donald Trump’s legal team, leave federal court after a hearing in West Palm Beach, Florida, on September 1, 2022. MARCO BELLO/AFP via Getty Images Jay Bratt, the top counterintelligence official at the Justice Department, and Juan Antonio Gonzalez, the U.S. attorney in Miami, told Cannon that the “vast majority” of records obtained during the investigation likely aren’t privileged, but researchers acted with “abundance.” of attention’ to the separation of what may be. Bratt also revealed that the morning after the investigation, Trump’s team asked the Justice Department to appoint a special master, which prosecutors denied. Trump’s team made “no subsequent application” for a special master until after it filed its lawsuit, Bratt said, and was told the filter team was in place. Jim Trusty, one of Trump’s lawyers, argued that in addition to claiming attorney-client privilege over some of the records, the former president is also claiming executive privilege over others. The Justice Department, however, rejected Trump’s claims that the seized records may be covered by executive privilege, arguing in legal filings and court appearances that the former president never claimed executive privilege over documents retrieved by the National Archives. and Archives in the media. -In January, nor when he turned over sensitive documents to federal investigators in response to a grand jury subpoena in June. Federal prosecutors have also argued that an executive privilege claim by a former president against a sitting president who waives the privilege is moot because the records belong to the government, not the individual. On the special master, the Trustee called the government’s concerns “bogus”, saying the review process “doesn’t need to take weeks or months”. “What is the evil they are concerned about? What could justify this objection?” Trusty asked. “They don’t want a mutually respected third party to make sure they got it right.” Trump’s new lawyer, former Florida attorney general Christopher Keyes, appealed to the judge, saying he was in “a unique position to restore order and trust.” “We need to, respectfully, lower the temperature on both sides,” Kise said. “We need to take a deep breath.” The former president has publicly said he declassified much of the seized material, but Bratt said it had nothing to do with the violations the Justice Department is investigating. “Classification is different from national defense information,” Bratt said, referring to the records collected by investigators. “We’re dealing with over 300 records here.” “This was a valid warrant. This was a legitimate search,” he added.

Nicole Sganga

CBS News correspondent covering homeland security and justice.