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About That Special Master Ruling

The Lawfare Podcast

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Did the Justice Department Lawyers at the Hearing Say Anything That Might Presage How They'd Respond to an Order?

Justice Department lawyers didn't give any explicit sense of how they would potentially respond to the judge's preliminary order. But i think it potentially is telling that j bratt insisted that the rule 65 analysis should be doneand that the court would have to enjoin the do jnd, he says. The government now has to brief the question of who would be an acceptable special master and begin a process in which that special master would do the privilege review.

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