Justice Department officials stated on Monday that some of the records found during the FBI's investigation of former President Donald Trump's Mar-a-Lago estate "may contain attorney-client confidential material."
In a filing to the U.S., the Justice Department recognized the discovery.
District Judge Aileen Cannon is considering a request by the Trump campaign for the appointment of a special master to examine some of the records the FBI acquired as part of its criminal investigation involving national security.
In a Saturday order, Cannon directed the Justice Department to submit "a more detailed Receipt for Property specifying all property seized" under seal.
It stated that she wanted to know "the status of Defendant's review of the seized property," including any filter review conducted by the privilege review team and any dissemination of materials outside the privilege review team.
Over the weekend, the judge acclaimed that she has "preliminary intent" to grant Trump's request for a special master but will not make a decision until she hears the government's arguments during a Thursday West Palm Beach hearing.
If Cannon confirms Trump's petition, the highly confidential records at the center of the government's investigation would not be the special master's responsibility to assess for privilege problems.
Although Trump is no longer the president, the executive privilege that protects presidents does not automatically apply to the records he sought to have insulated in his legal petition.
The Justice Department stated in its filing on Monday that, before the judge's order, a privilege review team had identified a limited set of materials that potentially contain attorney-client privileged information.
They completed their review of those materials and followed the procedures outlined in the search warrant affidavit to address potential privilege disputes, if any.
These steps include asking a judge to rule on the documents' privilege status or showing the records to "the possible privilege holder" (Trump).
Trump's attorneys said in a court statement last week that the FBI "declined to provide even the most basic details about what was taken, or why" during its unusual search of Trump's property on August 8.
The search warrant's annex, which a different judge later unlocked, stated that the agents were looking for all physical documents and records constituting evidence, contraband, fruits of crime, and other items illegally possessed in violation of three laws.
These included one involving the disclosure of national security information.
