Following the first hearing in the case of Donald J. Trump v. United States of America, held on Tuesday, September 20, 2022, Special Master Judge Raymond J. Dearie has issued his first order on the case. The Case Management Plan and Order, issued September 22th, sets forth a deadline for the parties to produce documents, which are the subject of disputed claims.
1. By September 26, 2022, the United States shall present and affidavit verify that the detailed property inventory “represents the full and accurate extent of the property seized from the premises located at 1100 S. Ocean Boulevard, Palm Beach, Florida 33480 (the “Premises”) on August 8, 2022, excluding documents bearing classification markings (the “Seized Materials”).”
2. No later than September 30, 2022, Plaintiff shall submit a declaration or affidavit that includes each of the following factual matters:
a. A list of any specific items set forth in the Detailed Property Inventory that Plaintiff asserts were not seized from the Premises on August 8, 2022. [Judge Dearie is basically asking the Trump Team to swear or affirm in an affidavit Trump’s claim that evidence was planted, and to identify which items were not seized from Mar-a-Lago.]
b. A list of any specific items set forth in the Detailed Property Inventory that Plaintiff asserts were seized from the Premises on August 8, 2022, but as to which Plaintiff asserts that the Detailed Property Inventory’s description of contents or location within the Premises where the item was found is incorrect. [Again, Dearie is asking for a sworn statement attesting to the public allegations Trump has been making to the media, but not in a court of law.]
c. A detailed list and description of any item that Plaintiff asserts was seized from the Premises on August 8, 2022, but is not listed in the Detailed Property Inventory.
This submission shall be Plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed Property Inventory.
Dearie continues to cut to the chase with the following order:
Plaintiff [Trump] shall provide the Special Master and the government with an annotated copy of the spreadsheet described above that specifies, for each document, whether Plaintiff asserts any of the following:
a. Attorney-client communication privilege;
b. Attorney work product privilege
c. Executive privilege that prohibits review of the document within the executive branch;
d. Executive privilege that prohibits dissemination of the document to persons or entities outside the executive branch;
e. The document is a Presidential Record within the meaning of the Presidential Records Act of 1978, 44 U.S.C. § 2201, et seq. (“PRA); see id. § 2201(2); and/or
f. The document is a personal record within the meaning of the PRA; see id § 2201(3).
Plaintiff’s designations shall be on a document-by-document basis. For any document that Plaintiff designates as privileged and/or personal, Plaintiff shall include a brief statement explaining the basis for the designation.
Plaintiff is directed to prioritize the Filter Materials and to provide the government with a log of its designations as to the Filter Materials on or before September 26, 2022.
Plaintiff shall serve the government with its final and complete log of designations on or before October 14, 2022. The parties shall submit their final and complete log of disputed designations to the Special Master on or before October 21, 2022.
Dearie calls in back-up:
The undersigned has determined that the efficient administration of the Special Master’s duties requires the assistance of the Honorable James Orenstein (Ret.), a former United States Magistrate Judge for the Eastern District of New York, who has experience with complex case management, privilege review, warrant procedures, and other matters that may arise in the course of the Special Master’s duties. Judge Orenstein has served as an appointed amicus curiae in the Foreign Intelligence Surveillance Court pursuant to 50 U.S.C. § 1803(i)(2) and currently holds Top Secret clearance.
And Trump will pay Judge Orenstein’s salary too:
As a United States District Judge in active service, the undersigned will seek no additional compensation for performing the duties of Special Master in this action. The undersigned proposes that Judge Orenstein be compensated at the hourly rate of $500. [When the gods want to punish you, they answer your prayers.]