DOJ Tag

"Recognizing the extraordinary circumstances presented by this case, the District Court determined that the appointment of a special master and entry of a limited injunction were “fully consonant” with “the public interest, the principles of civil and criminal procedure, and the principles of equity.”...

"The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security."...

As to DOJ claims that documents are classified and not subject to executive privilege: "The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly...

"This investigation of the 45th President of the United States is both unprecedented and misguided. In what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his...

"The Court hereby authorizes the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorneyclient and/or executive privilege...

It does not appear the feds are willing to return these items. The Court or a Special Master should order them returned....

"DOJ argued there is no need for a special master and that it will only delay the criminal investigation. Trump lawyers say special master will give the American people more confidence in the process and allow an outside person to review seized documents."...

If this is a staged photo it may have given the feds a minor news cycle win, but it didn't help FBI/DOJ credibility. It makes them seem like they are playing to the media, but in fact they played into Trump's argument that the FBI/DOJ...

Feds: "identified a limited set of materials that potentially contain attorney-client privileged information, completed its review of those materials, and is in the process of following the procedures set forth in paragraph 84 of the search warrant affidavit to address potential privilege disputes."...

Feds must respond by August 30, including under seal "[a] particularized notice indicating the status of Defendant’s review of the seized property, including any filter review conducted by the privilege review team and any dissemination of materials beyond the privilege review team."...

Key parts heavily redacted...

"the Government has met its burden of showing that its proposed redactions are narrowly tailored to serve the Government’s legitimate interest in the integrity of the ongoing investigation"...