Executive Branch

Mar-a-Lago “Global Issues” Briefs and Responses Posted

Hyemin Han
Monday, November 14, 2022, 5:57 PM

The Justice Department and former President Donald Trump briefed Special Master Judge Raymond J. Dearie on five global issues surrounding contested Mar-a-Lago documents, meant to lessen document review burdens.

Published by The Lawfare Institute
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The Justice Department and counsel for former President Donald Trump filed their briefs on global issues” that pervade contested Mar-a-Lago documents before Special Master Judge Raymond J. Dearie on Nov. 8 under seal. District Court Judge Aileen Cannon unsealed both parties’ briefs Monday morning, though portions remain redacted, and each party’s respective response briefs have also been filed with the court. The briefs and responses are meant to lessen the burden of document review on Dearie as he reviews over 200,000 pages of materials seized from Trump’s Mar-a-Lago residence. 

The global issues addressed in the briefs are as follows: whether the records are personal records, whether the records are Presidential records, whether Trump may not claim personal records subject to a claim of executive privilege, whether Trump may withhold seized materials by asserting executive privilege, and whether Trump should have to file a declaration or affidavit regarding the Detailed Property Inventory. The parties mostly remained at odds on all five global issues. 

You can read the government’s principal brief, Trump’s principal brief, the government’s response to Trump’s brief, and Trump’s response to the government’s brief, below. 


Justice Department's principal brief


Trump's principal brief


Justice Department's response to Trump


Trump's response to Justice Department

Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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