The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.
Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.
Trump’s legal team is broadly arguing that a special master is necessary to ensure the Justice Department returns any of his private documents seized during the search of Mar-a-Lago.
The former President’s attorneys say his constitutional rights were violated, and that there may have been privileged materials seized. But in court filings, Trump has not elaborated on what exactly he hoped a special master would filter out, besides general allusions to “privileged and potentially privileged materials.”
The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.