I had trouble getting a handle on what SM Dearie was doing. But it comes down to something quite simple:
TO RECAP: Trump demanded a special master and won. He asked for Raymond Dearie and won. Now his legal team is upset that Dearie is asking for evidence of what he claims to have declassified and is setting aggressive deadlines.https://t.co/RsOsYCoQBu— Kyle Cheney (@kyledcheney) September 19, 2022
You see, the "declassification" issue is a red herring which Trump's lawyers have never brought up in court (because they'd face sanctions for lying to the court). So I was a bit confused as to why Dearie was bringing it up, and insisting it was important. Well, it's rather simple: "personal" records would not be classified, period. Presidential records could be. The beginning point of the analysis of which is which, is to determine which ones Trump claims were "declassified," thus, arguably, making them "personal." Not that Dearie is accepting that argument ab initio, as Cannon clearly did; but because Dearie can't begin to analyze and then classify (i.e., put into categories; not "classify" under national security law) documents into groups until he can understand the nature of the documents. He can't, in other words, do the job the judge assigned to him without settling the classified/declassified issue first.
ADDENDUM: Trump says one reason he doesn’t want to disclose whether he declassified anything is that Cannon didn’t explicitly require it. But she did ask Dearie to distinguish between personal/presidential records, which would be difficult w/o this info.https://t.co/RsOsYCoQBu pic.twitter.com/CCDNswPYI4— Kyle Cheney (@kyledcheney) September 20, 2022