BREAKING: DOJ files reply in 11th Cir. Highlights point from Special Master today. 1/ 
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3/ True, but Trump's lawyers would have access to what is charged.
4/Based on briefing to 11th Cir., my gut is they grant stay on use of info. for criminal investigative purposes but not on allowing Special Master/Trump's attorneys to review. That later point, DOJ is very weak on & add Special Master's handling shows 11th Cir. taken serious.
5/ And from today's hearing & case law cited Special Master is not going to give Trump's attorneys access unless Trump establishes it it was declassified with evidence. This is civil case. Trump's burden since presumed from marking. So I think SM got that right.
6/ Although, SM should review to ensure all marked classified. But from gov't reply brief, even if Trump presents evidence he declassified everything, DOJ is going to claim still no right to see b/c we seized it legally even if "personal record" and "no privilege possible."
7/ But D.Ct. said to review for privilege including executive so SM shouldn't refuse by saying no privilege. How Trump handles declassification is tricky because his attorneys have been using criminal defense lens & Dearie won't let that control in the civil case.
8/ So, if Trump has to come forward with evidence, question is how specific is he: 1) I declassified any materials I had brought to executive residence? 2) I declassified any materials I had mailed to Mar-a-Lago? 3) I declassified all materials related to Crossfire Hurricane?
9/9 But what if something was boxed up by GSA that Trump neither intended to be shipped nor saw? And Trump didn't intend to declassify? My gut is there are several documents that fit in that category. We'll know the strategy soon and 11th cir. ruling.
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