1 

U.S. Department of Justice 

National Security Division 

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

 October 26, 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 – 

Global Issues Premotion Letter 

 

Dear Judge Dearie: 

At last Tuesday’s status conference, Your Honor suggested that the parties could brief global 

issues before you begin review of the scanned seized materials. Your Honor asked the parties to 

file “a short premotion letter identifying the issues to be briefed and setting a proposed 

schedule.” 10/18/2022 Tr. 15: 6-11. 

The parties met and conferred and identified global issues that might assist you in your review. 

The table below collects the issues identified by both parties. 

Concept Global Issue 

Document categorization 

as Presidential record or 

personal record 

• Whether Plaintiff may designate or convert Presidential records to 

personal ones during or after his term in office 

• Whether certain groups of documents (e.g., pardon packages) are 

Presidential records 

Executive privilege • Whether categorization of a document as a personal record means that 

it cannot be claimed by a former officeholder as subject to a claim of 

executive privilege 

• Whether Plaintiff may assert executive privilege to withhold seized 

materials from the government notwithstanding the four reasons and 

footnote in the government’s letter with respect to the 15 Filter A 

documents filed on October 20, 2022 

Verification of the Detailed 

Property Inventory

• Whether Plaintiff should be required to file a declaration or affidavit 

regarding the government’s inventory as set forth in ECF 118, at 1-2 

The parties agree to submit principal and responsive briefs simultaneously. To brief the global 

issues before review of the document categorization and executive privilege disputes begins on 

November 12, the parties propose that principal briefs be filed no later than Tuesday, November 

8, and responsive briefs no later than Saturday, November 12. 

The parties believe that resolution of the global issues will enable Your Honor to rule on large 

groups of documents and minimize the number of documents that require individualized review. 

Case 9:22-cv-81294-AMC Document 161-1 Entered on FLSD Docket 10/26/2022 Page 1 of 2
2 

Thank you for your consideration. 

Respectfully submitted, 

 

 On behalf of the United States: 

 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 

 On behalf of the Plaintiff, Donald J. Trump: 

By: /s/ 

JAMES M. TRUSTY 

 Ifrah Law PLLC 

CHRISTOPHER M. KISE 

 Chris Kise & Associates, P.A. 

LINDSEY HALLIGAN 

M. EVAN CORCORAN 

 Silverman, Thompson, Slutkin, White, LLC 

Case 9:22-cv-81294-AMC Document 161-1 Entered on FLSD Docket 10/26/2022 Page 2 of 2