Hearing on Trump's request for a special master to review Mar-a-Lago docs

By Tierney Sneed, Kara Scannell, Adrienne Vogt, Aditi Sangal, Elise Hammond and Maureen Chowdhury, CNN

Updated 8:28 PM ET, Thu September 1, 2022
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6:31 p.m. ET, September 1, 2022

Federal judge considering publicly releasing a more detailed inventory of what was seized at Mar-a-Lago

From CNN's Tierney Sneed and Kara Scannell

The hearing to consider former President Donald Trump's bid for a special master was held on Thursday.
The hearing to consider former President Donald Trump's bid for a special master was held on Thursday. (Sketch by Bill Hennessy)

A federal judge said Thursday she was considering releasing a more detailed inventory of what was taken from Mar-a-Lago during an FBI raid last month. 

In her order scheduling Thursday's hearing, US District Judge Aileen Cannon had ordered the Justice Department to file under seal an inventory of items seized that went into more detail than the search receipt that already has been made public. 

A redacted list of property seized was made public after the search, and the Justice Department filed a complete, unredacted version under seal this week. 

Cannon gave both the Justice Department and the Trump team an opportunity to lodge any objections to releasing it. They did not.

6:36 p.m. ET, September 1, 2022

Judge says she’s considering carveout for intelligence community review if special master is appointed 

From CNN's Jeremy Herb

(Sketch by Bill Hennessy)
(Sketch by Bill Hennessy)

A federal judge said Thursday she’s considering allowing the intelligence community to continue to review documents seized at Mar-a-Lago as part of damage assessments, according to reports from the courtroom.

But US District Judge Aileen Cannon said she's considering temporarily blocking the Justice Department from accessing the materials for its criminal probe if she appoints a special master to first review the materials for potential privilege issues.

DOJ lawyers argued against such an appointment, saying it could disrupt the criminal investigation, according to the reports.

4:08 p.m. ET, September 1, 2022

Trump lawyers downplay seriousness of possible national security breach from mishandled docs, Politico reports

From CNN's Marshall Cohen

James Trusty leaves federal court in West Palm Beach, Florida on Thursday, September 1.
James Trusty leaves federal court in West Palm Beach, Florida on Thursday, September 1. (Eva Marie Uzcategui/Bloomberg/Getty Images)

During today's hearing, former President Donald Trump’s lawyers downplayed the seriousness of the potential national security fallout from Trump’s haphazard handling of classified documents.

“This is not a case about some Department of Defense staffer stuffing military secrets into a bag and sneaking them out in the middle of the night,” Trump lawyer James Trusty said during the hearing, according to Politico. 

Trusty pushed back on the Justice Department’s handling of the investigation. 

“They’re trying to criminalize … the judicially unenforceable Presidential Records Act,” Trusty said, according to Politico.

However, federal prosecutors have said they are investigating violations of other federal laws regarding sensitive government materials — and not violations of the Presidential Records Act, which has no criminal penalties.

4:05 p.m. ET, September 1, 2022

Trump lawyers argue executive privilege is a factor in case for special master

From CNN's Kara Scannell

The federal court in West Palm Beach, Florida seen on Thursday, September 1.
The federal court in West Palm Beach, Florida seen on Thursday, September 1. (Eva Marie Uzcategui/Bloomberg/Getty Images)

James Trusty, an attorney for former President Donald Trump, said the government’s strategy is to ask the judge to move on from their special master request, adding that prosecutors trying to push off what they consider a “modest” idea was “extraordinary.”

Trump’s team also continued to insist in court Thursday that issues of executive privilege are in play, according to reports from the courtroom.

But one federal prosecutor said there is no role for a special master to play in terms of executive privilege. 

Jay Bratt, a top lawyer in the Department of Justice's national security division, defended the FBI review, saying Trump’s team put forward no evidence that there was any disregard for the former president’s rights. 

The judge said it wasn’t entirely settled law that a former president can’t claim privilege after leaving office, asking prosecutors, “What’s the harm?”

Trusty also said that the government’s “latest boogeyman” is that a special master would need clearance, which could take a while. Trusty said that process could be expedited. 

4:22 p.m. ET, September 1, 2022

Trump lawyers compare conflict over classified documents to a dispute over an "overdue library book"

From CNN's from Kara Scannell, Marshall Cohen, and Jeremy Herb

During today's hearing in Florida, James Trusty, one of Donald Trump’s lawyers, described the conflict over the former President's potentially illegal retention of classified documents as comparable to a dispute over an “overdue library book,” according to reports from the courtroom. 

And former Florida Solicitor General Christopher Kise – the latest high-profile addition to Trump’s legal team – reiterated Trump’s request that the judge appoint a special master to review the materials that the FBI seized from Mar-a-Lago.

He said such a move would restore order, increase trust in the investigation and “lower the temperature” in the nation, according to the reports.

Justice Department lawyers argued that Trump is no longer President and because of that, he has no right to the documents. They defended the FBI’s search of Mar-a-Lago as lawful.

Trump’s legal team called last month’s search “suspect,” according to the reports.

 

2:48 p.m. ET, September 1, 2022

Federal judge will rule later on Trump’s special master request after hearing concludes

From CNN's Tierney Sneed and Kara Scannell

The hearing on former President Donald Trump's bid for a special master to review documents seized from Mar-a-Lago has concluded. 

US District Judge Aileen Cannon did not make a ruling from the bench. 

6:56 p.m. ET, September 1, 2022

Here is a breakdown of the key players involved in today's hearing

From CNN's Tierney Sneed and Marshall Cohen

Attorneys for former President Donald Trump arrive at the federal court in West Palm Beach, Florida, on Thursday.
Attorneys for former President Donald Trump arrive at the federal court in West Palm Beach, Florida, on Thursday. (Eva Marie Uzcategui/Bloomberg/Getty Images)

In a hearing in Florida, a federal judge is considering former President Donald Trump's bid for a special master to review evidence the FBI seized at his Mar-a-Lago resort last month.

Here are the key players who might be in court:

Judge Aileen Cannon: She is the judge overseeing this case. She was appointed to the federal bench by Trump in 2020, and was confirmed by the Senate shortly after Trump lost the 2020 presidential election. She graduated from University of Michigan Law School and told lawmakers during her confirmation process that her mother fled communist Cuba.

Juan Antonio Gonzalez, Jr.: The US Attorney for Southern District of Florida, Gonzalez' name is one of two DOJ signatories that have been on all the filings in the submissions in both this case and the effort by various organizations' to unseal certain warrant documents. It's been notable that no lower level prosecutors from his office — the so-called "line attorneys," who usually handle the day-to-day in court — have been signing on to the publicly filed documents.

Jay Bratt: The chief of counterintelligence at the DOJ's National Security Division, Bratt has played a prominent role in the litigation around the Mar-a-Lago filings after being the DOJ's point of contact with the Trump team over obtaining the documents from Mar-a-Lago. His name has joined Gonzalez' in the filings in the dispute over releasing the warrant documents and he also argued on behalf of the DOJ in a hearing last month in the latter case. He has not entered an appearance however in the special warrant case being heard Thursday so it's unclear whether he will be present at the arguments. Bratt was also the DOJ attorney, joined by a handful of FBI agents, who visited Mar-a-Lago on June 3 to retrieve classified documents that had been subpoenaed by a grand jury — an episode that was discussed at length in the DOJ's response.

Christopher Kise: A recent addition to Trump's legal team who entered his appearance in the case just Thursday morning. Kise is a former Florida solicitor general who served in Gov. Ron DeSantis' transition team. 

James Trusty: He is one of Trump’s lawyers who has been handling matters related to classified documents at Mar-a-Lago. He is a former federal prosecutor. Trump’s spokesperson has previously touted Trusty’s experience, saying he has “litigated some of the most complex cases in American history.” He has done interviews in right-wing media, criticizing the FBI investigation and pledging to mount more legal challenges.

Lindsey Halligan: She is another member of Trump’s legal team. She said on Fox News that the Mar-a-Lago search “may be the first step to tyranny” in America. Early in the case, she bungled the formal process of entering her appearance in the court docket, and was instructed by the court clerk to refile her paperwork and to comply with local procedures.

12:36 p.m. ET, September 1, 2022

Key pieces of the Mar-a-Lago photo — and what they mean

From CNN's Josh Campbell and Katie Bo Lillis

Included in the government's latest court filing — in its effort to investigate Donald Trump's handling of classified materials — is a single, tantalizing photograph showing an array of documents found on the property of the former president's Florida resort.

Taken by the FBI, the photograph shows several documents labeled with so-called "classification markings." These government codes are designed to indicate the sensitivity of the information they refer to — and the rules for how it is meant to be handled.

Here's what we can learn from the markings in the photograph:

Will Mullery and Alberto Mier, CNN
Will Mullery and Alberto Mier, CNN
  1. Time magazine covers. These are not classified, but they were apparently placed among classified documents.
  2. Cover sheet for information classified SECRET/SCI, or sensitive compartmented information. Cover sheets serve two purposes: To allow the handler of the information to know what level of classification they are dealing with and to shield the contents of the classified material from someone without a “need to know.” The cover sheet itself is not classified.
  3. Cover sheet for information classified TOP SECRET/SCI. If inappropriately disclosed, TOP SECRET level information can cause “grave damage” to national security, according to the government’s definition.
  4. Ruler placed by the FBI shows the scale of the photograph, which is standard practice for photographic evidence.
  5. White House document marked “Confidential.” This is the lowest level of classification, but CONFIDENTIAL level information can still cause “damage” to national security if it is inappropriately disclosed, according to the government’s definition.
  6. Documents marked SECRET with the controls of ORCON and NOFORN. ORCON stands for “originator controlled” and it means that the agency that owns the information must approve its release or dissemination. NOFORN indicates that the information cannot be released to foreign nationals without approval. Both of these are fairly common markings.
  7. This "top secret" cover sheet has HCS-P/SI/TK control markings. HCS-P stands for “HUMINT control system product,” and it indicates that the information was derived from clandestine human sources. SI stands for Special Intelligence, and suggests that the information was derived from what is called “signals intelligence” — things like intercepted foreign phone calls and emails, for example. TK stands for Talent Keyhole, which is a highly classified government satellite program.

Dig deeper here

12:05 p.m. ET, September 1, 2022

The other notable investigations and lawsuits Trump is facing

From CNN's Dan Berman

Former President Donald Trump spekas at the America First Agenda Summit in July.
Former President Donald Trump spekas at the America First Agenda Summit in July. (Jabin Botsford/The Washington Post/Getty Images)

Former President Donald Trump's legal troubles continue to build — not just with the FBI search at Mar-a-Lago last month.

Multiple federal and state investigations are ongoing regarding the Jan. 6, 2021, attack on the US Capitol, his efforts to overturn the 2020 presidential election, his handling of confidential documents and his family business. Civil lawsuits accusing Trump of defamation and spurring on US Capitol rioters also remain on the docket.

Aside from the the investigation into Trump’s handling of White House documents, here’s a list of other notable investigations and lawsuits he is facing:

Jan. 6 and overturning the election: House select committee and Justice Department

The House select committee investigating the US Capitol attack has uncovered dramatic evidence of Trump’s actions before and on Jan. 6, especially efforts to use the levers of government to overturn the election.

The Justice Department is watching —and has an investigation of its own — so while there’s an outstanding question if the committee will recommend any charges for DOJ, it’s not a requirement for the feds to act if the committee does make a referral.

2020 election: Efforts to overturn Georgia results

Fulton County, Georgia, District Attorney Fani Willis is overseeing a special grand jury investigating what Trump or his allies may have done in their efforts to overturn President Joe Biden’s victory in Georgia.

Willis, a Democrat, has informed all 16 of the individuals who signed an “unofficial electoral certificate,” which was ultimately sent to the National Archives in late 2020, that they may be indicted in the probe.

Trump Organization: New York Attorney General criminal and civil investigation

Trump this week took the Fifth at his deposition in New York Attorney General Letitia James’ investigation of his namesake business in response to hundreds of questions.

The investigation is nearing the end and James’ office said it needed to question the Trump family to determine who had responsibility for the financial statements at the center of the investigation. Donald Trump Jr. and Ivanka Trump also recently were deposed and did answer questions. Eric Trump was questioned in 2020 and declined to answer more than 500 questions.