After the search of Donald Trump’s property in the US state of Florida, the question of the confidentiality status of the documents seized there is becoming increasingly important. The neutral examiner used in the case, called Special Master in the US, Raymond Dearie, asked the former president’s lawyers to make a clear statement and provide evidence, US media reports. Most recently, the judge had a first meeting with Trump’s lawyers and representatives of the US Department of Justice. Otherwise, he tends to classify found documents with the appropriate identification as classified information.

“In my mind, you can’t dance at two weddings at the same time,” Dearie reportedly told Trump’s attorneys. In early August, the FBI searched Trump’s Mar-a-Lago villa. The investigators confiscated various classified documents, some with the highest level of secrecy. Trump later publicly argued that he had declassified the documents in question and was therefore allowed to take them with him. According to the law, material found during the search should have been given to the National Archives.

Incumbent presidents do have far-reaching powers to release information and break secrecy. However, there is usually a formal, multi-step process for releasing documents. In addition, a president must break the secrecy during his term of office. It is unclear whether the documents have gone through the approval process. Since Trump kept the records at his private estate after his term in office, he may have broken the law. This is now being investigated by investigators. Trump and his lawyers repeatedly criticize the actions of the judiciary as politically motivated. That is why they had demanded the appointment of the neutral examiner. A judge then appointed Dearie to review the confiscated documents. He now has until the end of November to view the documents.

After meeting with the Trump team, the former judge at the Court of Foreign Intelligence indicated that he has little faith in what they have said so far. If the ex-president’s side fails to provide evidence of the release, he considers his job done. In that case, the Justice Department, as the top US law enforcement agency, would take over the investigation again. However, the employees there are also faced with a problem: according to their own information, none of their officials have the necessary clearance to be able to view the secret documents.

Sources: DPA, “The Hill”