WASHINGTON, Aug 29 (Reuters) – The U.S. Justice Department’s search of former President Donald Trump’s home this month turned up a “limited” number of documents potentially subject to attorney-client privilege, they said federal prosecutors in a court filing on Monday.
The new Justice Department revelation could bolster a request by Trump’s legal team to appoint a special master to conduct a privilege review of items the FBI seized from Trump’s Florida property during the his unprecedented search on August 8.
At the same time, however, the department also revealed that its vetting team has already completed its review of the materials, a sign that Trump’s request for a special master’s degree may come too late.
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A special master is an independent third party sometimes appointed by a court in sensitive cases to review materials potentially covered by the attorney-client privilege to make sure they are not viewed improperly by investigators.
U.S. District Judge Aileen Cannon of the Southern District of Florida issued an order over the weekend saying she was inclined to appoint a special master.
He ordered the Justice Department to respond to Trump’s request and also to provide under seal a more detailed list of items seized from Trump’s home.
On Monday, the Justice Department said it will comply with the request and file the sealed information by Tuesday.
Aerial view of former US President Donald Trump’s Mar-a-Lago home after Trump said FBI agents searched it, in Palm Beach, Florida, US on August 15, 2022 .REUTERS/Marco Bello/File Photo
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In the department’s filing, prosecutors said the filter team was following procedures set forth in the order to address any material that may be covered by attorney-client privilege, which includes showing it to the court for a determination
The department along with the Office of the Director of National Intelligence (ODNI) are conducting a classification review of the seized materials, he said, adding that ODNI is separately leading a “community assessment of intelligence of the potential national security risk” that could arise. if they were ever exposed.
The search of Trump’s Mar-a-Lago estate in Palm Beach, which was ordered by Attorney General Merrick Garland, marked a significant escalation in one of several federal and state investigations Trump is facing for his time in office and in private business.
The department is investigating Trump for illegally withholding national defense information, a violation of the Espionage Act, and is also looking into whether he tried to obstruct the criminal investigation.
In an unusual move last week, the Justice Department unsealed a redacted copy of the legal document outlining the evidence it used to convince Magistrate Judge Bruce Reinhart to authorize a search warrant. Read more
It revealed that Trump had kept records relating to the country’s most closely guarded secrets, including those related to intelligence gathering and clandestine human sources.
The US National Archives first discovered that Trump had kept classified materials in January, after returning 15 boxes of presidential records he had kept at Mar-a-Lago.
After the FBI searched his home this month, he brought additional material, including 11 more sets of classified records.
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Reporting by Sarah N. Lynch; Editing by Scott Malone and Bill Berkrot
Our standards: the Thomson Reuters Trust Principles.