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Trump V USA Doc 83-1 Filed by Trump SOW
Trump V USA Doc 83-1 Filed by Trump SOW
DONALD J. TRUMP,
Plaintiff,
v.
Defendant.
________________________________/
1. Pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil Procedure and this
Court’s inherent powers and authority, and subject to a declaration under penalty of perjury
attesting to the absence of any ground for disqualification under 28 U.S.C. § 455, [name] is
Duties
2. The Special Master will review the materials seized during the August 8, 2022,
execution of a court-authorized search warrant at the premises located at 1100 S. Ocean Blvd.,
Palm Beach, Florida 33480 (the “Seized Materials”); including any materials with
classification markings. The specific duties of the Special Master are as follows and will
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Executive Privilege);
making recommendations to this Court as to any classification disputes between the parties;
subsequent orders, upon notice to the parties and an opportunity to be heard with regard to
e. Once the Special Master has completed the review process set forth in
this Order and any dispute has been fully adjudicated, any documents identified as
Presidential records will be returned to the Archivist of the United States, and the process
under the Presidential Records Act, 44 U.S.C. § 2204, will be followed to determine the
3. The Special Master will have the full authority set forth in Fed. R. Civ. P. 53(c).
privileged –
documents and provide a privilege log to the Special Master stating for each document
whether Plaintiff claims that the document is privileged, whether the document sought to be
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immunity, or some other basis (including Executive Privilege), and the basis for that claim
sufficient to enable the government, Special Master, and Court to assess that claim; and
will be returned to Plaintiff; if not, the dispute will go to the Special Master and, if the parties
disagree with the Special Master’s report and recommendation, to this Court for de novo
Plaintiff’s counsel;
one of four mutually exclusive and cumulatively exhaustive categories, and prepare a log
similar to the privileged log in 4(a)(ii) sufficient to support the categorization into one of the
communications privileged,
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5. Within seven days following the date of this order, the Special Master will
consult with counsel for the parties and provide the Court with a scheduling plan setting forth
the procedure and timeline for concluding the privilege review and adjudicating any disputes
as to privilege. The scheduling plan should include a process for resolving disputes as to
privilege.
6. The Special Master will file all written scheduling plans, orders, reports, and
recommendations on the electronic docket, along with any additional information that the
Special Master believes will assist the Court in reviewing those scheduling plans, orders,
material that is filed will be done so under seal. The Special Master will, during the pendency
of this matter, including any appeals, preserve any and all documents or other materials
concerning the progress in resolving the issues above as the Special Master believes
8. The parties may file objections to, or motions to adopt or modify, the Special
Master’s scheduling plans, orders, reports, or recommendations no later than ten calendar
days after the service of each, and the Court will review those objections or motions, and any
Access to Information
and materials relevant to the orders of the Court that are required to perform the Special
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Master’s duties, subject to the terms of this Order of Appointment. Such materials will be
provided to the Special Master on an ex parte basis as the Special Master sees fit in connection
with potentially privileged materials. The Special Master may communicate ex parte with the
Court or either party to facilitate the review; provided, however, that all final decisions will be
served simultaneously on both parties to allow either party to seek the Court’s review.
10. At a minimum, the Government will provide to the Special Master a copy of
the Seized Materials, the search warrant executed in this matter, and the redacted public
Master and any professionals, support staff, and expert consultants engaged at the Master’s
request. The procedures for establishing and paying the Special Master’s compensation and
expenses will be determined in a later order. Within seven days following the date of this
order, the Special Master and counsel for the parties will confer on this issue and the Special
Master will submit a proposal for the Court’s approval as to the procedures for paying the
12. If the Special Master determines that the efficient administration of the
Master’s duties requires the assistance of additional professionals, support staff, or expert
consultants, the Master may submit a work proposal to the parties, who will have five business
days to submit comments, after which time the Special Master may submit the proposal to
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Other Provisions
13. As an agent and officer of the Court, the Special Master and those working at
the Special Master’s direction will enjoy the same protections from being compelled to give
testimony and from liability for damages as those enjoyed by other federal judicial adjuncts
14. As required by Fed. R. Civ. P. 53(b)(2), the Court directs the Special Master to
proceed with all reasonable diligence and in any event to conclude its review and
classifications by _______________.
15. The Special Master will be discharged or replaced only upon order of this
Court.
16. The parties and their agents and employees will observe faithfully the
requirements of this Order of Appointment and cooperate fully with the Special Master in the
17. The parties and their agents and employees will observe faithfully the
requirements of this Order of Appointment, cooperate fully with the Special Master in the
performance of their duties, and comply with the judicial protective order that shall follow –
which will set forth restrictions on the disclosure by any person with access to Seized
Materials and any documents generated in connection with this Order of Appointment.
18. The Court reserves the right to remove the Special Master if the Court finds
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DONE AND ORDERED in Chambers at Fort Pierce, Florida, this ___ day of
September 2022.
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE
document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
document is being served this day on all counsel of record via transmission of Notices of
s/