Lawyers representing the DOJ National Security Division and lawyers representing President Trump have presented their list of candidates for Special Master to review documents seized from Mar-a-Lago.
The position of the DOJ-NSD is the special master should not review any documents they deem classified or vital to national security, regardless of whether they contain markings or not.
The DOJ just doesn't want anyone to review what they are calling "Classified documents." President Trump's lawyers contend the special master should review all of the documents, regardless of DOJ-NSD definitions, and make an independent determination as to the validity of the DOJ-NSD claims, as well as consideration for 'executive privilege.
' Plaintiff believes the Government's objection to the Special Master reviewing documents they deem classified is misplaced.
First, the Government's position incorrectly presumes the outcome - that their separation of these documents is inviolable.
Using the national security angle, just as the FISA court is a star chamber within the judicial branch seemingly omnipotent and without a counterbalancing check on their power, so too is the DOJ-NSD a star chamber within the executive branch.
The DOJ-NSD makes determinations and then says, as in the example of the Trump documents, these things are what we say they are - and you have no standing to question us.
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