Special Master Orders Trump To Prove Executive Privilege Over Documents

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The special master has given Trump two weeks to prove why government documents are covered by executive privilege or shut up.

Harry Litman explained the special master’s new order:

Harry Litman on the new special master order, "By October 20th, Trump is going to have to come forward with some theory or else shut up on why there is any kind of executive privileges to give him some right to the documents. " pic.twitter.com/xK0WBSMYCK

— Sarah Reese Jones (@PoliticusSarah) October 8, 2022

Litman explained the order on MSNBC’s The Last Word:

They’re the documents, not the classified ones, remember, that he is reviewing. 90 or so of them are making a claim of attorney-client privileges, they will call balls and strikes on that which is what special masters do, you would not have needed him here, but that is straightforward. Then there are the other 28 documents where he is not claiming attorney-client privilege

This is the most interesting to me. What he is saying he is you give these now to the case team, privilege review team, and case team you can meet with Trump about if there is any executive privilege claim to be made, and get back to me by October 20th. That means by October 20th, Trump is going to have to come forward with some theory or else shut up on why there is any kind of executive privileges to give him some right to the documents. I think the DOJ’s confident enough that they are letting the case team look at it. T

They would never let the case team look at attorney-client privilege, is that could be a death count for them, but they are letting them look and confirm with Trump’s team, and where Trump’s team is going to have to come forward in two weeks and say here is why we think these executive privileges documents should come back to the president, and I think there is no legal argument they can make, that will flush them out.

Trump has been ranting about executive privilege since the FBI search, and now his own special master is going to force him to prove that the documents are privileged.

Because I said so or thought about it with my mind when I was president are not legal justifications to back up Trump’s claims.

The work of the special master appears to be moving quickly, as Trump’s delay tactic has served to speed the process along.

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Jason Easley

Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.

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Member of the Society of Professional Journalists and The American Political Science Association

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