Justice Department open to Trump special master choice

The Justice Department signaled in a filing Monday that it would accept a former chief federal judge in New York as the special master for overseeing review of the documents the FBI retrieved from Mar-a-Lago.

Why it matters: The selection of a special master has been a point of contention between former President Trump and the DOJ.

• If Judge Aileen Cannon approves the pick, Judge Raymond Dearie would be charged with determining which documents should be shielded from the federal prosecutors who are investigating potential mishandling of classified material.

Details: Dearie, whom Trump proposed as a nominee, has served as a federal judge in New York since the 1980s. He now serves as a senior judge on the circuit after retiring in 2011.

What they’re saying: The DOJ wrote in its filing that Dearie, along with its two original nominees, has “substantial judicial experience, during which they have presided over federal criminal and civil cases, including federal cases involving national security and privilege concern.”

• “In selecting among the three candidates, the government respectfully requests that the Court consider and select the candidate best positioned to timely perform the special master’s assigned responsibilities.”

The big picture: Trump has asked Cannon to reject the DOJ’s request for a stay of her ruling to let a special master review evidence seized from Mar-a-Lago.

• Cannon’s ruling temporarily blocked the DOJ from reviewing the documents, which the agency has said will cause “irreparable harm” to the government and the public.
• It’s unclear whether Cannon would lift that restriction once a special master is appointed and approved.

Editor’s note: This is a breaking news story. Please check back for updates.