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U.S. Department of Justice 

National Security Division 

Counterintelligence and Export Control Section Washington, D.C. 20530

 September 23, 2022 

By ECF and Courtesy Copy 

Judge Raymond J. Dearie 

United States District Court 

 Eastern District of New York 

225 Cadman Plaza East 

Brooklyn, NY 11202 

Re: Donald J. Trump v. United States of America, Case No. 22-81294-CIV-CANNON – 

Motion to Modify Deadlines for Vendor Selection and Contracting and 

Production of Seized Materials 

 

Dear Judge Dearie: 

The government respectfully moves to modify the Case Management Plan (ECF 106) with 

respect to the deadlines for vendor selection and contracting (Friday, September 23, 2022) and 

production of Seized Materials (Monday, September 26, 2022). ECF 106, at 3. The government 

moves before the September 27, 2022 deadline for objections and motions to adopt or modify 

because the vendor and production deadlines fall before September 27, 2022, and such deadlines 

“remain in effect while such objections are pending.” ECF 106, at 7 & n.2. 

The government suggests that the deadline for vendor selection and contracting be reset for 

Tuesday, September 27, 2022, and the deadline for production of Seized Materials to Friday, 

September 30, 2022. 

Although Plaintiff may be able to select a vendor by the deadline of the close of business today, 

September 23, 2022, Plaintiff is unlikely to be able to engage the vendor by contract until 

Tuesday, September 27, 2022. Collectively, the parties identified six vendors who have the 

capability securely to scan, process, host, and provide access to the Seized Materials to both 

parties on a Relativity platform, with each party to have access to its own private workspace to 

review and code documents. Five vendors were provided by the government to Plaintiff before 

Tuesday’s preliminary conference. Plaintiff identified an additional vendor on Thursday, who the 

government approved on the same day. The government also facilitated Plaintiff’s discussions 

with the vendors by providing the names of vendor representatives and contact information, a 

draft statement of work, and the National Security Division’s Electronically Stored Information 

protocol. As of the close of business on Thursday, September 22, 2022, Plaintiff informed the 

government that one vendor expressed interest in bidding, one did not, and four have not yet 

responded. Even if the one interested vendor commits to the required schedule by the close of 

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business today, Friday, September 23, 2022, it is unlikely that a contract will be entered this 

same day. Accordingly, the government suggests moving the vendor selection and contracting 

deadline back by two business days to Tuesday, September 27, 2022, from the current deadline 

of Friday, September 23, 2022. 

The government’s deadline to produce electronic copies of the Seized Materials (defined to 

exclude documents with classification markings) necessarily follows the vendor selection and 

contracting deadline. As represented before Tuesday’s preliminary conference, the government 

remains prepared to provide the Seized Materials (not including the documents with 

classification markings) to the vendor on approximately one day’s notice in the Washington, 

D.C. metropolitan area and similar notice plus travel time if the vendor is located outside the 

Washington, D.C. metropolitan area. ECF 96, at 2. But as the government noted in its preconference letter, the Seized Materials can be provided only after the vendor is “selected and 

engaged.” Id. In addition, scanning, processing, and hosting require the vendor to submit to a 

judicial protective order. The government filed its proposed order in a timely fashion after 

Tuesday’s preliminary conference. ECF 102. Plaintiff did not submit its proposed judicial 

protective order until September 23, 2022, however, and the district court has not entered any 

order. To allow the vendor to assign staff and do the work, and the district court to enter a 

judicial protective order, the government suggests moving the deadline for production of 

electronic copies of the Seized Materials to Friday, September 30, 2022, from the current 

deadline of Monday, September 26, 2022. 

Lastly, the government suggests that the Special Master revise the second paragraph on page 3 

(ECF 106, at 3) to clarify the cross-reference to the Detailed Property Inventory and separate the 

process for the Filter Materials (described in the third paragraph on page 4) from the balance of 

the Seized Materials. The second paragraph on page 3 with suggested additions in red and 

omissions in strike-through is as follows: 

No later than September 30 26, 2022, the government shall make available to Plaintiff 

and the Special Master copies of all Seized Materials (except the materials already 

identified by the Privilege Review Team as potentially privileged attorney-client 

materials) in electronic format with each page bearing a unique Bates number. The 

government shall also provide an electronic spreadsheet that: (1) correlates the Bates 

numbers of each document with the pertinent item number (box or container number) in 

the Detailed Property Inventory.; (2) for each document, specifies whether Tthe Privilege 

Review Team has provided to Plaintiff’s counsel and the Special Master designated the 

documents already designated as potentially privileged (the “Filter Materials”), as well as 

a list of those materials with short descriptions and Bates ranges. Further instructions 

regarding the Filter Materials are set forth on page 4.; and (3) for any such potentially 

privileged document, the identifies the nature of the potential privilege. 

Although the government continues to review the Case Management Plan (ECF 106), it currently 

sees no issue with any other deadlines and does not believe that the modest revisions of the 

deadlines for vendor selection and contracting and production of Seized Materials has any 

knock-on effect on the remaining deadlines. 

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We shared an earlier draft of this letter with Plaintiff’s counsel and Plaintiff’s counsel authorized 

us to represent that Plaintiff agrees with the requested extensions to the deadlines for vendor 

selection and contracting and production of Seized Materials. Plaintiff did not see the proposed 

clarifications to the second paragraph on page three and we thus do not know Plaintiff’s position. 

Thank you for your consideration. 

 

 Respectfully submitted, 

 

 

 JUAN ANTONIO GONZALEZ 

 UNITED STATES ATTORNEY 

 MATTHEW G. OLSEN 

 Assistant Attorney General 

 By: /s/ 

 JAY I. BRATT 

 Chief 

 JULIE EDELSTEIN 

 Deputy Chief 

 STEPHEN MARZEN 

 Trial Attorney 

 Counterintelligence and Export Control Section 

 National Security Division 

 Department of Justice 

Case 9:22-cv-81294-AMC Document 108 Entered on FLSD Docket 09/23/2022 Page 3 of 4
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CERTIFICATE OF SERVICE 

 

I HEREBY CERTIFY that on September 23, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing 

document is being served this day on all counsel of record via transmission of Notices of 

Electronic Filing generated by CM/ECF. 

/s/ Julie A. Edelstein 

Julie A. Edelstein 

Deputy Chief 

Counterintelligence and Export Control Section 

National Security Division 

United States Department of Justice 

950 Pennsylvania Avenue, N.W. 

Washington, DC 20530 

Special Bar # A5502949 

Tel.: +1.202.233.0986 

Email: julie.a.edelstein@usdoj.gov 

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