The Trump v. US hearing is about to begin.
The special master, Judge Dearie, is presiding.
The special master, Judge Dearie, is presiding.
Dearie, on his task and time crunch as special master: “I’m going to do the best I can with the time available to us.”
Dearie: “This is not a criminal case; this is a civil matter.”
That means plaintiff (Trump) has the burden to establish need for relief, he notes.
That means plaintiff (Trump) has the burden to establish need for relief, he notes.
Trusty (Trump’s lawyer) is up
Trusty wants to have a look at all the documents.
Judge Dearie summarizes him as saying he doesn’t know now whether their will be a real dispute over the docs.
(Before the hearing, the judge pressed them previously to disclose declassification arguments with specificity.)
Judge Dearie summarizes him as saying he doesn’t know now whether their will be a real dispute over the docs.
(Before the hearing, the judge pressed them previously to disclose declassification arguments with specificity.)
For DOJ:
Julie Edelstein says they’ll explore further appellate options if 11 Circ denies a stay
Julie Edelstein says they’ll explore further appellate options if 11 Circ denies a stay
Big from Dearie:
He presses Trump’s lawyers on what he’s supposed to do. The government provided “prima facie evidence” of classification, ie, the markings.
“As far as I’m concerned, that’s the end of it.”
He presses Trump’s lawyers on what he’s supposed to do. The government provided “prima facie evidence” of classification, ie, the markings.
“As far as I’m concerned, that’s the end of it.”
Trusty asserts his litigation position isn’t “gamesmanship.” He just needs to see the documents first.
Dearie needles, drily, that Trusty would wouldn’t engage in gamesmanship.
Trusty adds, earnestly, that he wouldn’t.
Dearie needles, drily, that Trusty would wouldn’t engage in gamesmanship.
Trusty adds, earnestly, that he wouldn’t.
To be clear, in saying “that’s the end of it,” Dearie wasn’t issuing a ruling. He’s pressing Trusty on why that shouldn’t end his calculation.
Typo: wouldn’t
Trusty explains the reasons why he doesn’t want to disclose their position on declassification currently.
Dearie says he understands their right not to state it at this time, but: “You can’t have your cake and eat it.”
Dearie says he understands their right not to state it at this time, but: “You can’t have your cake and eat it.”
Trusty accuses NARA of being “highly politicized.”
Dearie on Trusty’s view of NARA: “I think you’re painting them with a broad brush there.”
But he says he sees no need to speak to them at this time and will notify Trump’s lawyers if he does
But he says he sees no need to speak to them at this time and will notify Trump’s lawyers if he does
Trusty says he has TS clearance. (Key issue if they will have to review the classified docs.)
Edelstein for DOJ:
It’s the “current executive branch’s decision only” as to whether the documents are classified, not the judicial branch’s.
It’s the “current executive branch’s decision only” as to whether the documents are classified, not the judicial branch’s.
Edelstein adds that Trusty’s TS clearance doesn’t end matters; he’d need to have a “need to know.”
Trusty calls it “astounding” that government said the former president’s lawyers wouldn’t have a need to know.
Trusty calls it “astounding” that government said the former president’s lawyers wouldn’t have a need to know.
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