Former President Donald Trump’s lawyers accused the Department of Justice of leaking information to the media following last month’s FBI raid targeting Mar-a-Lago, according to a recent court filing.
“Even yesterday, the Government’s Response gratuitously included a photograph of allegedly classified materials, pulled from a container and spread across the floor for dramatic effect,” Trump’s attorneys wrote (pdf), referring to a picture that was included in a DOJ-submitted court document. The photo showed alleged classified documents marked “TOP SECRET” strewn about on a floor in a Mar-a-Lago storage room.
The 45th president is seeking the appointment of a special master, or a neutral third party approved by a judge, to review the documents and material that were taken by FBI agents on Aug. 8.
One reason, lawyers argued in Wednesday’s filing, is because Trump and his team believe the DOJ would leak portions of its case against Trump to mainstream media outlets. Throughout his presidency, both the FBI and DOJ were accused by Republicans of leaking details to the press to construct a narrative to damage Trump politically.
“Left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation with no recourse for Movant but to somehow trust the self-restraint of currently unchecked investigators,” wrote Trump’s lawyers.
DOJ Response
But the DOJ argued a special master is no longer needed because its filter team already carried out a preliminary review of the documents that were taken last month. Trump’s lawyers responded by saying that the team never contacted the former president’s attorneys.
On Thursday, Judge Aileen M. Cannon stated that she will issue a written ruling on Trump’s request in the future, although a timeline or date wasn’t provided. Cannon appeared to question the federal government’s arguments against appointing a special master.
“What is the harm of appointing a special master,” the judge said Thursday, according to a Fox News reporter. “What is your articulation of harm other than the general concern that it would delay a criminal investigation?”
DOJ lawyer Jay Bratt in the hearing argued that Trump doesn’t currently have the same legal privileges that were afforded to him while president.
“He is no longer the president, and because he is not … he was unlawfully in possession of them,” Bratt said of the documents, according to Fox News.
An unsealed warrant and heavily redacted affidavit that were released last month showed the DOJ is investigating Trump for possible violation of the Espionage Act and obstruction of justice. Meanwhile, Trump has maintained that the documents that were taken were declassified by him when he was still in office.