The fine print there (well, it is fine print to these old eyes) is that the Court has set a hearing on a motion to appoint a special master, and has indicated to the parties the Court is inclined to appoint such a master, "without prejudice to the parties' objections." Which translates as "there is no decision, and the parties can come to the hearing with their arguments, which will be heard and considered fairly; but let's get on with it."
I don’t think this amounts to much either way. It’s effectively an indication that the judge wants to hear from DOJ and is going to have a hearing. I assume DOJ will say the search is done, so there’s no search left for a special master to oversee. But we’ll know more soon. pic.twitter.com/8U6l50zqtq— Orin Kerr (@OrinKerr) August 27, 2022
The DoJ filing today is yet another illustration of the meta story of the past few weeks: The Trump legal team is moving too slow, is far too reactive, and is grasping at defenses/diversions. https://t.co/6c8Etw41du— Sam Stein (@samstein) August 29, 2022
The Justice Department told a federal judge that its review of the records seized identified only a “limited set” that might “potentially” be attorney-client privileged.The department indicated that the privilege review — conducted by a “filter team” designed to screen attorney-client information from investigators probing potential criminal violations related to national-security-related documents stored at Trump’s Florida residence — has been completed.The review appears to have only sought to isolate any potential attorney-client privileged documents and left unaddressed Trump’s claims that some of the documents are covered by executive privilege.The details came in a brief filing prosecutors submitted to U.S. District Court Judge Aileen Cannon, who is handling a motion Trump filed last week asking for a so-called special master to oversee the government’s handling of the documents and to segregate and return any privileged materials. Trump’s delay in filing the motion — he waited nearly two weeks after the Aug. 8 search of his property — appears to have given the Justice Department time to finish its review.
“Before the Court issued its Preliminary Order, and in accordance with the judicially authorized search warrant’s provisions, the Privilege Review Team (as described in paragraphs 81-84 of the search warrant affidavit) identified a limited set of materials that potentially contain attorney-client privileged information, completed its review of those materials, and is in the process of following the procedures set forth in … the search warrant affidavit to address potential privilege disputes, if any,” the prosecutors wrote.