Judge Rules Trump Can Ignore Special Master Order To Prove Claim FBI ‘Planted’ Docs

OPINION:  This article contains commentary which may reflect the author’s opinion

Former President Donald Trump wanted a Special Master to handle the case of the documents seized by the FBI in the unprecedented raid of his Mar-a-Lago home last month.

Trump’s wish was granted by a judge whom he nominated, while all liberal legal pundits said that it was egregious that he got his way and that the judge was evil for helping Trump in the case.

Of course, it goes to show how important the judiciary is and how important it is to have “your” people populating the benches. It’s the only way to legitimately fight back against the socialist globalists.

“U.S. District Judge Aileen M. Cannon on Thursday overruled an order by Special Master Raymond Dearie that said former President Donald Trump needed to provide any “final” objections or disputes regarding the items seized by the FBI during its unprecedented raid on Mar-a-Lago last month, ” Fox News reported.

Last week, Dearie asked the Trump team that by no later than Sept. 30 to provide a declaration of affidavit that includes a list of any specific items in the property inventory that they assert were not seized from the premises; a list of items that were seized but to which the description of the contents or the location of the item was incorrect; and a list and description of any item that Trump’s legal team asserts was seized but is not listed in the property receipt.

“This submission shall be plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed property inventory,” Dearie wrote in the filing last week.

Cannon appointed Dearie as the special master in the case. After reviewing his order on Thursday Cannon ruled that there “shall be no separate requirement” for Trump “at this stage, prior to the review of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendant’s Inventory, its descriptions, or its contents.”

“The Court’s Appointment Order did not contemplate that obligation; Defendant since has complied with the requirement to attest to its now-revised inventory and the parties and the Special Master are situated to proceed forward with the process pending exchange of the actual materials,” Cannon explained.

“Should any additional matters surface during the Special Master’s review process that require reconsideration of the inventory or the need to object to its contents, the parties shall make those matters known to the Special Master for appropriate resolution and recommendation to this Court,” she continued.

The special master is charged with examining roughly 11,000 records seized by the FBI during its notorious raid of Trump’s home. The special master and his team will examine those documents for executive privilege, attorney-client privilege and for personal data.

The Justice Department’s motion was approved by the 11th Circuit Court last week, which permits the government to proceed with its review of the roughly 100 classified records seized as part of the raid on Aug. 8.

A report Dearie filed last week states that he has “determined that the efficient administration of the Special Master’s duties requires the assistance of the Honorable James Orenstein (Ret.), a former United States Magistrate Judge for the Eastern District of New York, who has experience with complex case management, privilege review, warrant procedures, and other matters that may arise in the course of the Special Master’s duties.”

According to Dearie, Orenstein is “an appointed amicus curiae in the Foreign Intelligence Surveillance Court” and “currently holds Top Secret clearance.”

“Dearie, who also served on the Foreign Intelligence Surveillance Court, signed off on a FISA warrant to surveil Trump campaign aide Carter Page — before the FBI misconduct surrounding that application was discovered,” the outlet added.

In the filing Thursday, the special master said he will utilize the Eastern District of New York court staff in carrying out his duties. He also noted that he will “seek no additional compensation for performing the duties of Special Master in this action,” but he proposed that Orenstein “be compensated at the hourly rate of $500.”

Cannon, in her order, said neither party objected to Orenstein’s involvement and said the court has approved it.

The special master’s deadline to review the documents has been extended to Dec. 16 by Cannon, according to the filing. Nov. 30 was the original deadline.

On Oct. 6, Dearie will hold a status conference.

In its raid on the Trump estate at Mar-a-Lago last month, the FBI came up short, says a former top spy.

John Ratcliffe, who Trump appointed as Director of National Intelligence (DNI), said on Fox News last week that the FBI “didn’t find what they were looking” for, based on his assessment.

Ratcliffe, who represented Texas’s 4th district from 2015 to 2020 told Fox, “I was a former federal prosecutor, United States attorney. Let me tell you what this is about. Good prosecutors with good cases play it straight. They don’t need to play games.” His statement was in reference to DOJ officials. “They don’t need to shop for judges, they don’t need to leak intelligence that may or may not exist.”

In opposing the appointment of a special master to review allegedly classified documents, the Justice Department “tells you that the government didn’t find what they were looking for,” Ratcliffe added.

“There weren’t nuclear secrets” on Trump’s property, he continued, “and they’re trying to justify what they’ve done. They’re not playing it straight before the American people. I think that that’s going to play out.”

Former federal prosecutor Andrew McCarthy told Fox News that Cannon’s ruling had the capacity to be “potentially explosive” in the event that it led to an executive privilege claim.

“It’s a big win for the Trump team and a potentially explosive ruling if it holds. I would imagine it’s important enough that the government will appeal this immediately,” he told Fox News.


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