Executive Branch

Dearie Orders on Mar-a-Lago Filter Log Disputes

Hyemin Han
Friday, October 7, 2022, 12:33 PM

Special Master Judge Raymond J. Dearie ordered that some seized documents be returned to former President Trump and will review outstanding materials with in Filters A and C.

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This morning, Special Master Judge Raymond J. Dearie filed an order regarding former President Donald Trump and the Justice Department's joint Log of Disputes for Filter Materials. An itemized list of documents within the privilege review team's custody from Aug. 30 was partially made public through a court filing error on Oct. 5, shedding light on some filter materials that remain disputed.

Dearie's order states that Trump will not assert attorney-client privilege or attorney work product for a range of 28 Bates-numbered materials under Filter A out of 137 Bates-numbered materials. Dearie ordered that these materials not under dispute for attorney-client privilege or attorney work product be sent to the Case Team, who will work with Trump to resolve or narrow the disputes regarding claims of executive privilege and designations pursuant to the Presidential Records Act by Oct. 22. 

Dearie will review the rest of the documents within Filter A and Filter C (the latter of which was not accidentally made public) and "endeavor to promptly" issue a report making recommendations regarding Plaintiff’s assertions of attorney-client privilege and/or attorney work product doctrine. Some of the documents remaining under dispute within Filter A include an "unsigned letter from Kasowitz Benson & Torres to Robert Mueller dated 6/23/2017" and a number of National Archives and Records Administration-related documents.

Dearie ordered that materials within Filter B, all of which the parties jointly recommended need not be adjudicated by Special Master Dearie except one (B-076, which Dearie ultimately decided he did not need to adjudicate on), be returned to Trump by Oct. 10. Dearie did, however, direct the Privilege Review Team to retain a control copy of the materials.

You can read Dearie's order and the Notice of Status of Privilege Review Team's Filter Process and Production of Itemized List of Documents within the Privilege Review Team's Custody (with Filters A and B) here or below: 

 

 


Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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