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Particular Grasp Raymond Dearie has tapped a retired Justice of the Peace decide who served as an neutral adviser to the Overseas Intelligence Surveillance Court docket to help in his unbiased assessment of the hundreds of information seized by the FBI from former President Donald Trump’s Mar-a-Lago property.
In a submitting Thursday, Dearie mentioned he has “decided that the environment friendly administration of the Particular Grasp’s duties requires the help of the Honorable James Orenstein (Ret.), a former United States Justice of the Peace Decide for the Japanese District of New York, who has expertise with advanced case administration, privilege assessment, warrant procedures, and different issues which will come up in the midst of the Particular Grasp’s duties.”
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Dearie mentioned that Orenstein has served as “an appointed amicus curiae within the Overseas Intelligence Surveillance Court docket” and “presently holds Prime Secret clearance.”
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Dearie, who additionally served on the FISC, signed off on a FISA warrant to surveil Trump marketing campaign aide Carter Web page — earlier than the FBI misconduct surrounding that software was found.
Dearie, within the submitting Thursday, mentioned he’ll make the most of the Japanese District of New York courtroom workers in finishing up his duties as particular grasp.
Dearie, within the submitting, famous that he’ll “search no extra compensation for performing the duties of Particular Grasp on this motion,” however proposed that Orenstein “be compensated on the hourly price of $500.”
The particular grasp, with the help of Orenstein, is tasked with reviewing roughly 11,000 information seized by the FBI throughout its unprecedented raid of Trump’s personal residence. He is particular grasp and his crew will assessment these information for govt privilege, attorney-client privilege, and for private information.
The Justice Division’s movement was accepted by the eleventh Circuit Court docket this week, which permits the federal government to proceed its assessment of the roughly 100 categorized paperwork seized through the raid on Aug. 8.
Dearie, on Thursday, additionally ordered that the Justice Division submit a declaration or an affidavit as as to whether the property stock receipt represents the “full and correct extent of the property seized” from Mar-a-Lago, “excluding paperwork bearing classification markings” not later than Monday.
Not later than Sept. 30, Dearie requested the Trump crew to offer a declaration of affidavit that features a record of any particular gadgets within the property stock that they assert weren’t seized from the premises; a listing of things that had been seized however to which the outline of the contents or the situation of the merchandise was incorrect; and a listing and outline of any merchandise that Trump’s authorized crew asserts was seized however shouldn’t be listed within the property receipt.
“This submission shall be plaintiff’s ultimate alternative to lift any factual dispute as to the completeness and accuracy of the Detailed property stock,” Dearie wrote within the submitting.
Dearie mentioned that on Friday, Trump’s authorized crew and the federal government must agree upon and contract with a “doc assessment vendor” that may “host the seized supplies in digital kind.”
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No later than Monday, Dearie mentioned the federal government should make accessible all seized supplies in an digital format, together with a spreadsheet for every doc which specifies whether or not the DOJ’s Privilege Evaluate Staff has designated the doc as doubtlessly privileged, and whether or not the doc might be coated. by attorney-client or govt privilege.
Dearie then ordered that Trump’s authorized crew present him and the federal government an annotated copy of that spreadsheet asserting attorney-client communication privilege; lawyer work product privileges that prohibit assessment of the doc inside the govt department; govt privilege that prohibits dissemination of the doc to individuals or entities outdoors the manager department; and whether or not a doc is a presidential document or a private document.
Dearie mentioned these designations ought to be accomplished on a document-by-document foundation, and ordered that the Trump crew embrace a short assertion explaining the idea for his or her.
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Dearie mentioned Trump’s authorized crew wants to offer its ultimate and full log of designations on or earlier than Oct. 14.
US District Decide Aileen Cannon, who appointed Dearie as particular grasp, mentioned he had till Nov. 30 to assessment the information.
Dearie has scheduled a standing convention for Oct. 6.
Fox Information’ David Spunt and Invoice Mears contributed to this report.