US District Judge Aileen Cannon also rejected the Justice Department’s bid to revive its criminal investigation into classified documents seized at Mar-a-Lago last month. The denial sets the stage for the department’s dispute with Trump over the search to move quickly to an appeals court and potentially the US Supreme Court.
Cannon gave the special master a deadline of November 30 to finish his review of potentially privileged documents. The schedule puts the review ending after the midterm congressional elections — essentially guaranteeing the Mar-a-Lago investigation will move slowly for the next two months, unless a higher court steps in.
Dearie sits on the district court for the Eastern District of Brooklyn, where he has taken senior status — meaning his workload has been lightened significantly as he nears the end of his time on the federal bench.
He was appointed as a judge by Ronald Reagan in 1986 and was for a time the chief judge of the Brooklyn-based district court. He also served a seven-year term, concluding in 2019, on the US Foreign Intelligence Surveillance Court.
In his role as a FISA judge, Dearie was one of the judges who approved one of the Justice Department’s request to surveil former Trump campaign foreign policy adviser Carter Page, as part of the federal inquiry into Russia 2016 election interference.
The department’s process for securing FISA warrants for Page was riddled with errors and sloppiness, a DOJ inspector general review later found. The IG’s review pointed to omissions and mistakes in the FBI’s court filings supporting the FISA applications, including in filings submitted to Dearie.
Trump has railed against how the FISA warrants against Page were obtained, making his recommendation of Dearie to review the Mar-a-Lago search notable. Legal observers across the ideological spectrum, including vocal Trump critics, also backed the choice.
More than 100 documents marked as classified seized
Trump filed the lawsuit seeking the special master two weeks after the Justice Department executed the search on his Florida residence and resort. Prosecutors are investigating at least three potential crimes: violations of the Espionage Act, illegal handling of government records and obstruction of justice.
During the search, according to court filings, investigators seized more than 100 documents marked as classified, which were obtained after Trump’s representatives were served a subpoena in May demanding they return to the government all such documents. When the FBI traveled to Mar-a-Lago in June to collect the documents, one of his lawyers signed a certification asserting the subpoena had been complied with.
Trump, in his filings in the special master case, argued that his constitutional rights had teen trampled upon with the August 8 search, though Cannon herself had previously said she did not agree that the judicially authorized search amounted to a “callous disregard” of the former President’s rights.
This story has been updated with additional details.