UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81294-CIV-CANNON

DONALD J. TRUMP,

Plaintiff,

v. 

UNITED STATES OF AMERICA,

Defendant. 

_________________________________/

THE NEWS MEDIA’S REPLY/NOTICE THAT THEIR JOINT 

MOTION TO INTERVENE IS RIPE FOR ADJUDICATION

Proposed Intervenors American Broadcasting Companies, Inc.; the Associated Press;

Bloomberg LP; Cable News Network, Inc. (“CNN”); CBS Broadcasting Inc.; Dow Jones & 

Company, Inc., publisher of The Wall Street Journal; the E.W. Scripps Company; The Palm 

Beach Post, a newspaper owned and operated by Gannett Co., Inc.; Gray Media Group, Inc., 

d/b/a WCJB-TV, WJHG-TV, and WWSB-TV; NBCUniversal Media, LLC; The New York 

Times Company; Times Publishing Company, publisher of the Tampa Bay Times; and WP 

Company LLC d/b/a The Washington Post (collectively, the “News Media”), hereby give notice 

that their joint motion to intervene in this matter for the limited purpose of seeking access to 

judicial documents, filed on August 31, 2022 (ECF No. 49, the “Motion”), can now be deemed 

submitted and ready for adjudication.

As set forth in the Motion, the Government did not oppose the News Media’s 

intervention in this matter, and Former President Donald Trump took no position. See ECF No. 

49 at pp. 14-15. Per Local Rule 7.1(c)(1), if any memoranda in opposition to the Motion were to 

Case 9:22-cv-81294-AMC Document 93 Entered on FLSD Docket 09/16/2022 Page 1 of 5
2

be filed, they were due no later than September 14, 2022. As of this filing, no such memoranda 

have been filed. Thus, the News Media aver that the Motion is presently ready for this Court’s 

consideration.

The News Media further note that certain records remain under seal in this matter, 

namely those docketed at ECF No. 40. The News Media understand ECF No. 40 to contain the 

Government’s submission regarding its Privilege Review Team’s Notice of Status of the Filter 

Process. The Government filed a motion to unseal that document (less Exhibits A and B to that 

filing) on September 8, 2022. See ECF No. 71. The News Media filed a further motion to 

unseal that court record on September 9, 2022. See ECF No. 79. 

Beyond the court records currently under seal, the News Media anticipate public access 

issues to future court records and proceedings may arise within the Special Master review 

process ordered by this Court. See Order Appointing Special Master, ECF No. 91. First, while 

this Court’s Order Appointing Special Master states that “all written scheduling plans, orders, 

reports, and recommendations, along with any additional information that the Special Master 

believes will assist the Court in reviewing” such records are to be “file[d] on the docket,”

submitted documents deemed “potentially privileged, confidential, or national security material” 

are to be automatically filed under seal. See ECF No. 91 at p. 5. Further, the Government has 

suggested any filings related to that process be kept under seal. See ECF No. 48 at p. 34 (“Any 

documents that reflect the special master’s rulings, including orders, privilege logs, or other 

records, should be preserved and filed under seal with the Court but made available to both 

parties. Fed. R. Civ. P. 53(b)(2)(C).”). The Order Appointing Special Master also requires the 

Special Master to “make ex parte reports to the Court on an ongoing basis” with regard to the 

resolution of any privilege disputes between the parties. See ECF No. 91 at p. 6. The Order 

Case 9:22-cv-81294-AMC Document 93 Entered on FLSD Docket 09/16/2022 Page 2 of 5
3

further permits the ex parte receipt of materials by the Special Master, along with authorization 

to communicate with the Court ex parte. See ECF No. 91 at p. 6. Such procedures also raise 

potential public access concerns for the News Media.

Limited intervention in this matter of heightened public interest involving current and 

former government officials is critical. Public access issues remain for which intervention is 

proper and for which the News Media presently have a right to be heard. See, e.g., Comm’r, Ala. 

Dep’t of Corr. v. Advance Local Media, LLC, 918 F.3d 1161, 1170 (11th Cir. 2019). The News 

Media therefore respectfully request that this Court grant the Motion. 

Dated: September 16, 2022 Respectfully submitted,

THOMAS AND LOCICERO PL BALLARD SPAHR LLP

By: /s/ Carol Jean LoCicero By: /s/ Charles D. Tobin

Carol Jean LoCicero (FBN 603030)

Mark R. Caramanica (FBN 110581)

601 South Boulevard

Tampa, FL 33606

Telephone: 813.984.3060

clocicero@tlolawfirm.com

mcaramanica@tlolawfirm.com

Dana J. McElroy (FBN 845906)

915 Middle River Drive, Suite 309

Fort Lauderdale, FL 33304

Telephone: 954.703.3418

dmcelroy@tlolawfirm.com

Attorneys for Proposed Intervenors CBS 

Broadcasting Inc., The New York Times 

Company, and Times Publishing Company

Charles D. Tobin (FBN 816345)

1909 K Street NW, 12th Floor

Washington, DC 20006

Telephone: 202.661.2218

tobinc@ballardspahr.com

Elizabeth Seidlin-Bernstein (pro hac vice)

1735 Market Street, 51st Floor

Philadelphia, PA 19103-7599

Telephone: 215.665.8500

seidline@ballardspahr.com

Attorneys for Proposed Intervenors the 

Associated Press, Bloomberg LP, Cable News 

Network, Inc., the E.W. Scripps Company, Gray 

Media Group, Inc., NBCUniversal Media, LLC, 

and WP Company LLC

SHULLMAN FUGATE PLLC ATHERTON GALARDI MULLEN & REEDER

PLLC

By: /s/ Rachel E. Fugate By: /s/ Martin Reeder.

Rachel E. Fugate (FBN 144029) L. Martin Reeder, Jr. (FBN 308684)

Case 9:22-cv-81294-AMC Document 93 Entered on FLSD Docket 09/16/2022 Page 3 of 5
4

Deanna K. Shullman (FBN 514462)

Minch Minchin (FBN 1015950)

2101 Vista Parkway, Suite 4006

West Palm Beach, FL 33411

Telephone: 813.935.5098

rfugate@shullmanfugate.com

dshullman@shullmanfugate.com

mminchin@shulmanfugate.com

Attorneys for Proposed Intervenors Dow Jones 

& Company, Inc. and American Broadcasting 

Companies, Inc.

1641 Worthington Road, Suite 33409

West Palm Beach, FL 33458

Telephone: 561.293.2530 ext. 1007

martin@athertonlg.com

 tracey@athertonlg.com

 e-service@athertonlg.com

Attorneys for Proposed Intervenor The Palm 

Beach Post

CERTIFICATE OF SERVICE

I hereby certify that on September 16, 2022, a true and correct copy of the foregoing 

document is being electronically filed and will be furnished via CM/ECF to the following:

Juan Antonio Gonzalez

U.S. Attorney’s Office

Southern District of Florida

99 NE 4th Street, Floor 8

Miami, FL 33132

 juan.antonio.gonzalez@usdoj.gov

 Jay I. Bratt

 Chief, Counterintelligence and Export Control Section

 National Security Division

 950 Pennsylvania Avenue, NW

 Washington, DC 20530

 jay.bratt2@usdoj.gov

 Lindsey Halligan 

Florida Bar No. 109481 

511 SE 5th Avenue 

Fort Lauderdale, FL 33301 

lindseyhalligan@outlook.com

James M. Trusty 

Ifrah Law PLLC

1717 Pennsylvania Avenue, NW Suite 650 

Washington, DC 20006 

jtrusty@ifrahlaw.com

M. Evan Corcoran 

Silverman Thompson Slutkin White, LLC

400 East Pratt Street, Suite 900 

Case 9:22-cv-81294-AMC Document 93 Entered on FLSD Docket 09/16/2022 Page 4 of 5
5

Baltimore, MD 21202 

ecorcoran@silvermanthompson.com

 

/s/ Carol Jean LoCicero

Carol Jean LoCicero

Case 9:22-cv-81294-AMC Document 93 Entered on FLSD Docket 09/16/2022 Page 5 of 5