Two of four of those warrants were later declared invalid after a 2019 review by the Inspector General found errors and omissions in the applications to surveil Page. In 2017, Dearie was among the FISA court judges who approved the FBI and Justice Department’s request to surveil then-Trump campaign foreign policy advisor Carter Page as part of its inquiry into potential Russian interference in the 2016 election. “Most judges, and anyone else without having experience in that area, are not fully aware of all the special things that you have to observe.” District Court Judge in the Northern District of Florida who served with Dearie on the FISA Court. “The most important part of is dealing with the classified material and observing all the precautions that you have to take,” says C. That too, former colleagues say, will be valuable experience for Dearie. government to conduct electronic surveillance, physical searches, or other investigative actions related to foreign intelligence. The 11 body court-which the Foreign Intelligence Surveillance Act established in 1978-reviews requests for warrants by the U.S. In 2012, Dearie was appointed by Supreme Court Chief Justice John Roberts to serve a seven-year term on the United States Foreign Intelligence Surveillance Court, also known as the FISA court. Thus Dearie is coming into the role of special master with “lots and lots of experience assessing whether or not a particular document was subject to a privilege, and therefore not available to the other side,” Gold says. Steve Gold, a professor of law at Rutgers who clerked for Dearie after law school, explains that federal judges regularly decide disputes about evidence and questions of privilege. Those who know Dearie say his years on the bench will have prepared him well for his new role. He served in the role for decades and assumed senior status in 2011, meaning he semi-retired but still hears a reduced number of cases. District Court of the Eastern District of New York by then-President Ronald Reagan in 1986. Judge Raymond Dearie, 78, was nominated to the U.S. Here’s what to know about the investigation’s new special master, Judge Dearie. President Trump’s legal counsel and DOJ did not respond to TIME’s request for comment. (The appeal is currently pending before the 11th Circuit Court of Appeals.)ĭearie’s chambers declined to comment. DOJ appealed her decision on September 8, arguing it could risk “irreparable harm” to national security and intelligence interests. Cannon not only approved that request but also barred the FBI from working with those classified materials until the special master’s work is complete. Trump’s team argued that the special master should be able review the roughly 100 documents with classification markings, stating the Trump should have the right to assert executive privilege over any potentially classified materials that might be presidential records. Cannon of the Southern District of Florida, a Trump appointee, approved Dearie for the position after extensive back and forth between Trump’s team and the Justice Department (DOJ) over the scope of the special master’s review. Dearie of the Federal District Court in Brooklyn was appointed the special master to evaluate the over 11,000 documents seized by federal officials during an August search of former President Donald Trump’s Mar-a-Lago residence and determine if any should be kept from criminal investigators due to privilege.
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