The Mar-a-Lago special master has asked the Trump team to furnish documentation to back up any FBI... | Cranial Technology

Former President Donald Trump's attorneys have been commanded to provide proof in support of out-of-court claims that the FBI may very well have planted evidence at the residence during their investigation this month by the special master in charge of the Mar-a-Lago papers investigation.

Cranial Technologies

Trump's team must submit a sworn declaration if they think the Justice Department included any items on their "inventory" of materials taken from Mar-a-Lago that were not actually seized during the search, according to Judge Raymond Dearie, the court-appointed special master, who stated this in a filing on Thursday.

In the order, Dearie stated that the statement "must contain a list of any particular objects set out in the Detailed Property Inventory that Plaintiff contends were not confiscated from the Premises on August8, 2022."

Trump, several of his lawyers, and some of his outside Republican friends have openly said that the FBI planted evidence at Mar-a-Lago during the August 8 search, which has raised this as a concern in the case.

They haven't provided any proof to back up their claims.
Two days after holding his first in-person session with Trump's attorneys and federal prosecutors, Dearie issued a new order on Thursday that outlines his strategy for how the special master review would proceed.

Trump said on Wednesday night that the FBI fabricated evidence during the investigation. Did they slip anything into those heaps of items confiscated from Mar-a-Lago, or did they do it afterward, he questioned Sean Hannity of Fox News.
If there is a film of that, Trump said, "Nah, I don't think so," in response to Hannity's question.

Before this, the FBI declined to comment on claims of improper conduct throughout its search. When a reporter questioned FBI Director Christopher Wray about the suggestion that federal agents may have planted evidence last month, Wray responded, "I'm sure you can appreciate it's not something I can comment about so I'd send you to the (Justice) Department."

Dearie opens the way for the witness to present the documentation

In a Thursday order, Dearie left open the possibility of convening a hearing at which "witnesses with knowledge of the relevant facts" can be summoned to discuss the Mar-a-Lago search and the items that were taken.

If this occurs, it may be time for the Trump team to put up or shut up. The Trump team has made a variety of pronouncements about supposed government irregularities outside of court but has acted considerably more subtly inside of court, where it would be illegal to intentionally lie.

Though they will be forced to deliver "rolling" batches of their designations along the process, Trump's staff has until October 14 to finish examining all of the documents for potential privilege designations. Dearie gave both parties till October 21 to complete their reviews and provide him their final designations.

The court also hinted that even though some papers could be protected by executive privilege, the executive branch's Justice Department might still review them. This would represent a more nuanced viewpoint than what Trump's team has put forward, which effectively holds that federal prosecutors shouldn't be permitted to access these privileged materials or utilize them as a part of the probe.

Dearie also suggested returning portions of the proceedings to Magistrate Judge Bruce Reinhart, who authorized the search warrant after determining that there was sufficient evidence to suspect several felonies were being committed at Mar-a-Lago. That judge has now received death threats and online abuse from Trump fans, and Trump has made repeated false statements about him in public.

Review request for retired judge

Dearie will rely on personnel from the Eastern Court of New York as well as a former federal judge from that district to help with the evaluation of the files.

James Orenstein, the judge, "has experience with difficult case management, privilege review, warrant processes," among other pertinent subjects, according to Dearie. He also reportedly holds a top-secret security clearance at the moment.

Orenstein is listed as having worked "on the prosecution team in the Oklahoma City bombs trials" on the biographical page of the old legal firm where he formerly practiced. Early in his career, Attorney General Merrick Garland was a crucial player in the Oklahoma City inquiry.

Dearie stated that as he is presently employed by the US government as a federal judge, he will not seek any further compensation for his role as the special master. But based on a previous court decision in the case, he suggested that Orenstein be paid $500 per hour, which would be reimbursed by Trump.