Judge Raymond Dearie is the new Special Master in the Trump Mar-A-Lago documents case. He was not the first choice for the DOJ, and I’d have to say, they definitely aren’t happy with this move.

U.S. District Court Judge Aileen Cannon on Thursday rejected a Justice Department demand to let federal prosecutors continue their review of records marked classified that were recovered from former President Donald Trump’s Mar-a-Lago estate.

In her ruling, Cannon refused to accept department officials’ contention that the records they are trying to review as part of an ongoing criminal investigation remain highly classified or contain extraordinarily sensitive defense information that could damage national security if released.

“The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion,” Cannon, a Trump appointee, wrote in her 10-page ruling denying the Justice Department’s request to essentially exclude about 100 documents marked classified from the special master process.

Step back and read that again. The DOJ wanted full reign to review the records without impunity. They didn’t want anyone watching over them as they comb through all the files. Given all the leaks since this entire mess started, is it any wonder that a rational judge took a look and said, ‘Nope, you don’t get to play without consequences?’ 

The DOJ wanted to have their cake and rules and law be damned. They have their agenda and no one was supposed to stand in their way. 

So now, the FBI and DOJ get to sit and spin while the new Special Master, Judge Raymond Dearie will start his work and hopefully finish combing through 11,000 pages of documents by November 30th, or earlier. 

Dearie will now be tasked with reviewing the thousands of documents taken by the FBI during the unprecedented search of the former President’s home to make recommendations on whether any should be shielded from federal officials due to attorney-client or executive privilege. Trump’s team and DOJ have also sparred over Dearie’s timeline. DOJ has requested the review to end by Oct. 17, while Trump’s team has proposed mid-December, after the midterm elections.

Now, since Dearie has accepted the Special Master appointment, he can propose his own timeline. However, I HIGHLY DOUBT that he will push to finish by the early date of October 17th. Why? Carter Page. 

…Dearie not only has experience on intelligence matters and a past clearance but he has personal experience of the Justice Department misleading a court. Given the misrepresentation, the abusive Page warrant cannot be laid at his feet.

— Jonathan Turley (@JonathanTurley) September 13, 2022

HOLY MOLY and then some Batman! Dearie was the guy who signed off on the Carter Page warrant? Can you imagine his anger at finding out that the supposed “facts” represented to him were totally fabricated?? 

Therefore, while we need to hope his judicial ethics are massively sound, it wouldn’t surprise me if he holds the FBI and DOJ in at least a modicum of contempt and will be suspicious of any move they make. The DOJ’s misrepresentation of the facts regarding Carter Page put his own judicial ethics at risk. 

So now, with this move, Judge Raymond Dearie as Special Master will have the ability to review specific documents that the DOJ insists have always been classified. Judge Cannon, in her ruling, unequivocally rejected the idea that appointing a Special Master would harm the DOJ’s national security witch hunt investigation. 

Cannon, a Trump appointee confirmed by the U.S. Senate just days after Trump lost his bid for reelection, added that she still “firmly” believes that the appointment of a special master, and a temporary injunction against the Justice Department using the documents, is in keeping “with the need to ensure at least the appearance of fairness and integrity under unprecedented circumstances.”

The DOJ wasn’t concerned about fairness or ethics. This ruling calls them out on that fact. Furthermore, the most important part of this Special Master appointment is the fact that the DOJ and FBI are now shut out of any viewing of the 100 documents they INSIST are/were classified. 

Some are considering this a win for Trump. It is in a way. But it should also be considered a win for both judicial and investigative ethics. 

Feature Photo Credit: Case 9:22-cV-81294 AMC Document 48-1 Entered on FLSD 3, D9CKe 081391S052 TOP SECRETISCI TOP SECRETIISCI TOP SECRETIISCI via US court filing, cropped and modified