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Judge says she can’t accept DOJ’s declare that Trump ‘could not possibly have a possessory interest’ in a few documents seized from Mar-a-Lago until third party talks about them

Donald Trump raising a fist.

Former President Donald Trump gestures while the game of golf at Trump National DRIVER in Sterling, Virginia, on September 13, 2022.Manuel Balce Ceneta/AP

  • The DOJ’s interest continue steadily to review classified documents because of its probe was rejected on Thursday.

  • A federal judge had not been convinced that Trump couldn’t have “possessory interest” in the documents.

  • The judge cannot accept DOJ’s claim until a particular master review was completed.

A federal judge said she cannot accept the Justice Department’s declare that Donald Trump will not “have a possessory interest” in a few documents which were seized from Mar-a-Lago because they’re classified government records without further review by way of a alternative party.

On Thursday, Judge Aileen M. Cannon of the united states District Court for the Southern District of Florida appointed a particular master to examine a lot more than 11,000 documents seized from Mar-a-Lago in August and rejected the DOJ’s appeal that could have allowed the department to keep to employ a group of classified records within its criminal investigation throughout that review.

Within her reasoning, Judge Cannon wrote in her decision that her court can’t accept the department’s claims that Trump shouldn’t experienced the classified documents before review by way of a special master is completed.

“The Court will not think it is appropriate to simply accept the Government’s conclusions on these important and disputed issues without further review by way of a neutral alternative party within an expedited and orderly fashion,” Cannon wrote.

Raymond Dearie, a former Chief Judge of the united states District Court for the Eastern District Court of NY, was appointed to function as third-party reviewer. Cannon has given a deadline of November 30 to perform the review.

In her decision, Cannon, who was simply appointed by Trump, also wrote that she couldn’t accept the Justice Department’s argument that Trump does not have a “plausible claim of privilege” of the classified documents with out a third-party review.

Legal experts have previously raised doubts around Cannon’s judgment that Trump could have executive privilege on the records because the government owns the documents and because the Biden administration has declined to say privilege over them.

Cannon’s order does however enable the government to keep to examine the documents “for purposes of intelligence classification and national security assessments.”

Browse the initial article on Business Insider

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