BREAKING: Brittney Griner, the WNBA star who was sentenced to prison in Russia, has been freed in a prisoner-swap and is now in US custody, a US official tells @CBSNews.
MORE: To secure Griner’s return, Biden has freed arms dealer Viktor Bout. Bout gained infamy as the “Merchant of Death” & was found guilty for conspiring to sell AK-47’s that would’ve been used to kill DEA agents.
MORE: The swap to see Griner home for Christmas is 1-for-1 & does not involve Ret. Marine Paul Whelan, who is about to mark his 4th year in Russian custody.
MORE: Multiple sources told @CBSNews of the emerging swap last week. CBS agreed to hold the reporting on the grave concerns expressed by US officials about the fragility of the deal and the Americans’ wellbeing.
MORE: Sources tell @CBSNews that news reports that the US proposed a 2-for-1 swap (Griner & Wheelan / Bout) were incorrect, and that in fact, the US had offered a 2-for-2. The Russians insisted on 1-for-1.
MORE: Aides say President Biden will have remarks shortly from the White House.
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JUST IN: Judge Aileen Cannon grants Trump's motion to appoint a special master "to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney client and/or executive privilege."
MORE: To DOJ's argument that the FBI's privilege review team has sifted out potentially-privileged material, Cannon writes, "The Court is not so sure."
Cannon notes two known instances of investigators later sorting aside docs that might be privileged.
Judge Cannon sets aside DOJ's argument that Trump cannot assert executive privilege against the current executive branch.
"In the Court's estimation, this position arguably overstates the law," Cannon writes.
Judge Aileen Cannon says she’ll decide on a special master in due course. But by her questions, she sounded skeptical of the government’s arguments against appointing one.
Cannon asked government attorneys to explain what harm a special master appointment might do to their criminal investigation. She specifically wanted to know whether ODNI might still complete its review despite the appointment of a special master.
Cannon at one point indicated prosecutors may be “overreading” Nixon v. GSA in so stridently saying that Trump cannot assert executive privilege.
At another turn, she stopped Jay Bratt when he said the seized materials were classified. He had to note they were “marked” that way.
NEW: In filing tonight, Trump lawyers say Justice Department "significantly mischaracterized" the June 3rd meeting between DOJ and Trump's legal team at Mar-a-Lago...
MORE: Trump's response to DOJ filing claims the Presidential Records Act "does not oblige the former President to take any particular steps with respect to" records preservation.
Trump's filing tonight casts his tortured, months long back-and-forth with NARA as "the standard give-and-take between former Presidents and NARA regarding Presidential library contents."
Via @costareports, CBS News has confirmed the text of a May 10th letter the acting Archivist of the US sent to Trump’s legal team, first posted by John Solomon last night.
It contains several important revelations… 🧵
1) NARA determined that “Special Access Program” material was in the 15 boxes turned over by Trump last winter. That’s more secret than TS/SCI.
2) There was a back-and-forth on the question of “protective” executive privilege between Trump, NARA and the Biden WH in the spring.
3) According to the archivist, Biden WH determined that it would allow NARA to say whether any material at Mar-a-Lago might be covered by exec privilege.
4) Trump lawyers asked NARA to hold off on transferring the “15 boxes” to the FBI for a nat sec damage assessment.