And day by day, the record is making this definitively clear. Tonight, the Master, Raymond Dearie has called off a December 1 hearing, because so little remains unresolved. And all that has been resolved. . . has gone AGAINST Tangerine's false claims.
The parties are down to just a small handful of disputed documents, none of which even remotely suggest governmental overreach, as Tangerine had improbably earlier claimed. No, he's been caught red handed, with stolen Top Secret documents:
. . .Upon further review of the record, the Special Master has determined that there are no matters requiring counsel to travel to Brooklyn for an in-person conference. The conference previously scheduled for December 1, 2022, is therefore cancelled. Instead, the Special Master directs the parties to respond jointly to the following questions by 5:00 p.m. on December 1, 2022:
1. Do the parties dispute the categorization of the following records under the Presidential Records Act, 44 U.S.C. § 2201, et seq. ("PRA")? In each case, the parties' spreadsheet summarizing their respective categorizations and disputes reflects that the parties have a PRA dispute despite both sides categorizing the document as a "personal record."
a. Bates no. 156 | e. Bates nos. 12246-48
b. Bates nos. 476-79 | f. Bates nos. 15167-68
c. Bates nos. 3971-77 | g. Bates nos. 17993-95
d. Bates nos. 4017-18 | h. Bates no. 17996
2. Do the parties dispute the PRA categorization of Bates no. 7017? The parties' spreadsheet reflects differing categorizations but also lists the document as not being in dispute.
3. Does Plaintiff assert executive privilege with respect to Bates no. A-054 and A-055 (documents 15 and 16 of the Filter Materials)? Compare ECF 160-1 at 2 (letter from Plaintiff's counsel noting that "there is no further matter to resolve" as to each) with ECF 187-1 at 4 (subsequent letter from government reporting that each document is disputed based on Plaintiff's assertion of executive privilege).
Signed by Special Master Raymond J. Dearie on 11/28/2022. . . .
Now you know. Onward, grinning -- in a now very quiet house. . . with snow not too far off -- and the cacti, shortly after that. Smile.
नमस्ते
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