James Trusty, one of Trump’s attorneys, called it “premature” for Dearie to consider that issue right now. ”What am I looking for?.As far as I am concerned, that’s the end of it,” Dearie said. The judge, a veteran of the Foreign Intelligence Surveillance Court, expressed puzzlement about what his role would be if the government says certain documents are classified and Trump’s side disagrees but doesn’t offer proof to challenge that. “I can’t allow litigation strategy to dictate the outcome of my recommendations to Judge Cannon,” Dearie said. The judge appeared to be referring to vague assertions of declassification by Trump’s side, without so far any facts to back that up. From the outset of the 40-minute hearing, Dearie signaled that he was determined that Trump’s “litigation strategy” would not interfere with the review Dearie has agreed to do.
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