‘You Can’t Have Your Cake and Eat It Too:’ Trump’s Lawyers Get Off to Rough Start with Special Master

The special foreman, who oversees the review of documents seized in the FBI raid of former President Donald Trump’s Mar-a-Lago estate, said Tuesday he was familiar with Trump’s attorneys’ responses to whether confiscated documents were classified, was not satisfied.

The hearing marked the debut of special master and federal judge Raymond Dearie, who was selected for the job by US District Judge Aileen Cannon after Trump tried to block the Justice Department from reviewing the seized documents, according to the New York Post.

Dearie said that since Trump’s role is as a special foreman in a civil case, he must successfully argue that the Justice Department is not allowed to review the documents, Politico reported.

On Tuesday, the judge and Trump’s attorneys argued over whether Trump released the documents as stated.

Summarizing Dearie’s point at Tuesday’s hearing — held in Brooklyn, New York — the New York Times wrote: “While Judge Dearie was open to the idea that Mr. Trump’s attorneys might eventually raise a declassification defense, he seemed noncommittal They questioned the government’s claims about the classified status of the documents without supporting their claims with any evidence.”


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Or as Dearie said to Trump’s lawyers in court, “My view is, you can’t have your cake and eat it,” according to Politico.

Despite being one of Trump’s two candidates for the role and the only one mutually acceptable, Dearie revealed Tuesday that he had concerns about Trump’s legal team’s inability to provide a definitive answer on the issue of releasing the documents give.

“I cannot allow litigation strategy to dictate the outcome of my recommendations to Judge Cannon,” Dearie said.

Dearie said that if the Justice Department said documents were classified and the Trump site offered no facts to dispute it, “as far as I’m concerned, that’s the end,” he said, according to the Post.

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James Trusty, an attorney for Trump, suggested it was “premature” to decide at this point, Politico reported.

“It goes a little beyond what Judge Cannon considered in the first instance,” he said.

“I was surprised by your comment about going beyond what Judge Cannon told me to do,” Dearie replied, adding, “I think I’ll do as I’m told.”

Trusty said Trump should not be compelled to provide any evidence of a legal defense should criminal charges be filed.

“It’s not about jokes. It’s about not having seen the documents. … We are not able, and should not be able, at this time to fully disclose any material defense,” Trusty said. “We shouldn’t have to be in a position to have to disclose explanations and testimonies.”


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The Trump team asked Dearie to push ahead to get security clearances for anyone who may need to review a trove of 100 documents classified by the Justice Department, with Dearie saying it may not be necessary.

“It’s not just about having the clearance. You have to know,” Dearie said. “If you need to know, you will know.”

“It’s amazing to hear the administration say the president’s attorneys don’t need to know,” Trusty said.

The Brooklyn hearing is part of a larger legal battle in which the Justice Department is trying to block part of Cannon’s order setting the rules for the special master’s review to prevent Trump’s team from reviewing documents Trump’s lawyers believe of the Ministry of Justice to see. citing her sensitive nature, according to the Washington Post.

During the special master’s hearing, federal prosecutors said that if they failed in that effort, the case should be brought to the US Supreme Court.

A document from Trump’s side at that hearing summarized the Trump team’s approach to whether the documents are classified, according to the Times.

“The government, in turn, assumes that the documents it claims are classified are in fact classified and their separation is untouchable,” the document said. “However, the government has not yet proven this critical fact. The President has broad powers governing the classification of and access to classified information.”

https://www.westernjournal.com/cant-cake-eat-trumps-lawyers-get-off-rough-start-special-master/ ‘You Can’t Have Your Cake and Eat It Too:’ Trump’s Lawyers Get Off to Rough Start with Special Master


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