“We shouldn’t have to be in a position to have to disclose declarations and witness statements.” We are not in a position, nor should we be in a position at this juncture, to fully disclose a substantive defense,” Trusty said. It’s about not having seen the documents. However, Trusty complained that the former president shouldn’t have to mount a defense now to criminal charges that have yet to be filed. In one of several moments of palpable tension with the Trump team, Dearie replied: “I was taken aback by your comment that I’m going beyond what Judge Cannon instructed me to do. “It’s going a little beyond what Judge Cannon contemplated in the first instance,” he said. 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.

Trimps challenges