President Joe Biden’s Department of Justice (DOJ) is now trying to put an “end” to the document review being conducted by Special Master Raymond Dearie, Fox News reports.
This is the latest move in the legal battle currently taking place between the DOJ and former President Donald Trump, regarding the documents that the DOJ seized during its unprecedented raid of Trump’s Mar-a-Lago estate.
U.S. District Judge Aileen Cannon appointed Dearie to review the roughly 11,000 documents seized by the FBI during its raid. The point of the review is to identify documents that may be protected from disclosure by, for example, a legal privilege.
The DOJ, however, has been working to undermine Dearie’s efforts.
The DOJ, at the 11th Circuit Court of Appeals, has already won a battle over which documents Dearie is allowed to review. The 11th Circuit has ruled that Dearie only gets to review non-classified documents to determine whether they are protected by legal privileges. The 11th Circuit ruled that the DOJ, on the other hand, gets to continue its review of any classified documents.
Trump and his legal team turned to the U.S. Supreme Court to overturn this ruling, but it was to no avail. The justices denied Trump’s request.
Now, the DOJ is going a step further, trying to put an end to Dearie’s involvement in the matter altogether.
This week, the DOJ filed a motion looking to “end” Dearie’s review of the documents.
In its motion, the DOJ argued that Trump has not “asserted a claim of personal attorney-client privilege that would justify the district court’s” appointment of Dearie. The DOJ said that Trump has “no plausible claim of such a privilege with respect to the records bearing classification markings or any other government documents related to his official duties.”
The DOJ additionally argued that neither Trump’s legal team nor Judge Cannon “demonstrated why the [DOJ’s] filter procedures were insufficient to protect any potential claims of personal privilege with respect to any remaining documents.”
Now, the court is awaiting Trump’s reply to the DOJ’s motion.
This legal battle, at least at the moment, does not seem to be going Trump’s way.