The Justice Department is on board with one of Donald Trump’s picks to independently review documents the FBI seized in Mar-a-Lago last month, according to a new legal filing filed by the agency.
Justice Department attorneys said in the filing filed Monday night that they, along with the two ex-judges recommended by the FBI, are also open to the appointment of Raymond Dearie, former chief justice of the federal court in the Eastern District of New York, be.
The special master’s appointment would sift through documents recovered on August 8 from the former president’s estate in Florida. The Feds and Trump’s lawyers have disagreed over the exact role of the independent third party and which documents they should review.
Dearie, who has senior active status, has signaled he “could do the job expeditiously” if appointed by U.S. District Judge Aileen Cannon, the Justice Department said.
The DOJ’s choice to review the repository of documents was retired Manhattan Judge Barbara Jones, or retired DC Circuit Court of Appeals Judge Thomas Griffith, who was appointed by ex-President George W. Bush.
“Judges Jones, Griffith and Dearie each have extensive legal experience having presided over criminal and civil matters at the federal level, including federal matters involving matters of national security and privilege,” the federal authorities wrote in their legal briefs.
The federal government rejected Trump’s other pick, Florida attorney Paul Huck Jr., “who appears to have no similar experience,” the filing said.
Trump shot down both Jones and Griffith as Special Masters but hasn’t publicly said why.
Trump’s team also slammed the DOJ’s investigation into whether Trump illegally kept classified documents in an earlier filing Monday.
“This investigation of the 45th President of the United States is both unprecedented and misguided,” they wrote. “In a dispute over document retention that has spiraled out of control, the administration is unjustly seeking to criminalize the 45th President’s possession of his own presidential and personal records.”
Judge Cannon signed off on Trump’s request for a special master, at least temporarily barring the FBI from reviewing documents as part of its investigation.
The DOJ previously asked the judge to overturn that ruling, arguing that keeping it intact could harm the investigation.
The Justice Department has argued that Trump should not keep any of the president’s documents, while Trump’s legal team says in their filing that the former commander-in-chief had sweeping powers to keep the records.
With postal wires
https://nypost.com/2022/09/12/doj-agrees-to-one-of-trumps-picks-to-review-mar-a-lago-docs/ DOJ Approves One of Trump’s Picks to Review Mar-a-Lago Documents