James Trusty, an attorney for Trump, suggested it was “premature” to decide that at this time, Politico reported.“It’s going a little beyond what Judge Cannon contemplated in the first instance,” he said. “I was taken aback by your comment that I’m going beyond what Judge Cannon instructed me to do,” Dearie replied, adding, “I think I’m doing what I’m told.”
Trusty said Trump should not be forced to tip his hand about a legal defense should criminal charges be filed.“It’s not about gamesmanship. It’s about not having seen the documents. … We are not in a position, nor should we be in a position at this juncture, to fully disclose a substantive defense,” Trusty said. “We shouldn’t have to be in a position to have to disclose declarations and witness statements.”
The Trump team asked Dearie to push forward to get security clearances for all who might need to review a trove of 100 documents the Justice Department has said are classified, with Dearie saying that may not be necessary.“It’s not just a matter of having the clearance. It’s a matter of need to know,” Dearie said. “If you need to know, you will know.” “It’s kind of astounding to hear the government say the president’s lawyers don’t have a need to know,” Trusty said. The Brooklyn hearing is part of a larger legal battle in which the Justice Department is seeking to block part of Cannon’s order setting the rules for the special master’s review in order to prevent Trump’s team from reviewing documents the Justice Department does want Trump’s lawyers to see, citing their sensitive nature, according to The Washington Post. During the special master’s hearing, federal prosecutors said that should they fail in that effort, the case will to the U.S. Supreme Court. A document from the Trump side in that hearing summarized the Trump team’s approach to whether the documents are classified, according to the Times. “The government again presupposes that the documents it claims are classified are, in fact, classified and their segregation is inviolable,” the document said. “However, the government has not yet proven this critical fact. The president has broad authority governing classification of, and access to, classified documents.” CORRECTION, Sept. 21, 2022: The Western Journal has made a minor change to this headline, which had inaccurately quoted Judge Dearie. This article appeared originally on The Western Journal.