Trump’s lawyers had asked last month for a judge to name a special master to do an independent review of the records and segregate any that may be covered by claims of executive privilege or attorney-client privilege. The Justice Department argued the appointment was unnecessary, saying it had already done its own review and Trump had no right to raise executive privilege claims that ordinarily permit the president to withhold certain information from the public and Congress.
Cannon, a Trump appointee, disagreed and directed both sides to name potential candidates for the role. She also ordered the Justice Department to halt its review of the documents for investigative purposes until “further Court order” or until the special master completes their review. The Trump team recommended either Dearie or a Florida lawyer for the job. The Justice Department said that, in addition to the two retired judges whose names it submitted, it would also be satisfied with a Dearie appointment.
Dearie served as the top federal prosecutor for the Eastern District of New York from 1982 to 1986, at which point he was appointed to the federal bench by then-President Ronald Reagan. He has also served on the Foreign Intelligence Surveillance Court, which authorizes Justice Department wiretap applications in investigations involving suspected agents of a foreign power.
He took senior status in 2011, but the Justice Department has said he remains active and had indicated to officials that he was available for the position and could work expeditiously if appointed to it.Associated Press writers Michael Balsamo and Zeke Miller in Washington contributed to this report.
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