Special Master in Trump Records Case Says He Will Contact National Archives

Former President Donald Trump speaks in Dallas, Texas, on Aug. 6, 2022. Brandon Bell/Getty Images

The judge acting as a special master in the case involving records seized from former President Donald Trump’s home says he will be contacting the National Archives and Records Administration (NARA).

U.S. District Judge Raymond Dearie, the Reagan appointee acting as a special master, said on Nov. 7 that he intends to contact NARA “regarding its practices and guidance documents concerning the categorization of materials under the Presidential Records Act.”

Parties to the case—Trump and the government—have until Nov. 10 to submit a letter if they want to present arguments regarding the planned contact.

NARA declined to comment when asked if Dearie had been in touch and, if so, what he had inquired about.

“We cannot comment,” a spokesperson told The Epoch Times via email.

The order appointing Dearie as special master said that he “may consult with” NARA when he was considering whether certain records were personal and/or presidential.

The Presidential Records Act governs records created by a president. It states in part that presidential records are public but that presidents may shield them from the public for five to 12 years. It also says that all presidential records automatically transfer to the archivist, the head of NARA, as soon as a president’s time in office ends.

FBI agents seized thousands of records from Trump’s home in Florida in August after NARA earlier in the year made a referral to the Department of Justice, the FBI’s parent agency.

The referral stemmed from finding records with classified markings among the boxes that Trump transferred to NARA about a year after he left office.

U.S. investigators are now probing Trump for possible violations of several laws, including the Espionage Act.

Acting Archivist Debra Wall, who heads NARA, made the decision to let FBI agents access the records. She was backed by President Joe Biden and his administration.

Trump has said that he is being politically targeted and that he had declassified the records.

Dearie also set a Dec. 1 status conference to go over his contact with NARA, saying that he “anticipates that this conference will be an opportunity for the parties to elaborate upon their respective positions” ahead of the report he is due to file by Dec. 16.

Dearie was charged with adjudicating disputes over certain records regarding confidentiality claims including attorney-client and executive privileges. He has been receiving information about the disputes from lawyers representing Trump and lawyers for the government. The report will feature Dearie’s recommendations on the disputes.

U.S. District Judge Aileen Cannon, a Trump appointee, appointed Dearie. Cannon will make the ultimate decision on the records after reviewing Dearie’s report.