(Washington) A federal judge has appointed a senior New York lawyer to serve as an independent expert and review records seized during an FBI search of former President Donald Trump’s Florida home last month.
Posted at 7:53 p.m.
The selection of Raymond Dearie, a former federal prosecutor who for years served as chief justice of the Brooklyn-based federal court, came after the Justice Department and Donald Trump’s lawyers made it clear they would be happy with his appointment.
In this role, Mr. Dearie will be responsible for reviewing documents taken from the Aug. 8 search of Mar-a-Lago and setting aside those that may be covered by claims of privilege. It’s unclear how long the work will take, but the process of appointing an independent expert has already delayed the investigation, with a Florida judge ordering the Justice Department to temporarily suspend key aspects of its investigation.
The Department of Justice is investigating the accumulation of top secret and other classified documents at the Florida property after the end of Donald Trump’s presidency. The FBI says it recovered more than 11,000 documents from the house during its August 8 search, including more than 100 with classification marks.
Donald Trump’s lawyers had asked a judge last month to appoint a “special master” to conduct an independent review of the records and separate anything that might be covered by claims of executive privilege or attorney-client privilege. The Justice Department argued the appointment was unnecessary, saying it had already conducted its own review and that Donald Trump had no right to raise claims of executive privilege that usually allow the president to withhold certain information from the public and from Congress.
District Judge Aileen Cannon, a Donald Trump appointee, disagreed and ordered both sides to nominate candidates for the job. She also ordered the Justice Department to suspend its investigative review of the documents until “a further court order” or until the independent expert completes its review.
The Trump team recommended Mr. Dearie or a Florida attorney for those duties. The Justice Department said that in addition to the two retired judges whose names it submitted, it would also be pleased with the appointment of Mr. Dearie.
Mr. Dearie served as the lead federal prosecutor for the Eastern District of New York from 1982 until 1986, when he was appointed to the federal bench by then-President Ronald Reagan. He also served on the Foreign Intelligence Surveillance Court, which authorizes Justice Department wiretap requests in investigations involving suspected agents of a foreign power.
He assumed senior status in 2011, but the Justice Department said he remains active and told officials he was available for the job and could work quickly if appointed. .