“I’m faced with a discrete number of judicial decisions that I will endeavor to make responsibly,” he said.
The Justice Department has identified a subset of records as classified, and Judge Dearie said he would treat those records carefully.
Department lawyers told the judge some of the classified documents were so sensitive that some members of its review team hadn’t yet received clearance to examine them.
Judge Dearie said that if the documents bear markings of being classified, that would be a strong reason not to provide them to Mr. Trump’s legal team.
“As far as I’m concerned, that’s the end of it,” he said.
James Trusty, a lawyer for Mr. Trump, pushed Judge Dearie for access to the documents marked classified, saying his legal team needed to see them to inform its potential arguments that Mr. Trump had declassified the material.
Mr. Trusty didn’t assert that the former president had actually done so, however, prompting Judge Dearie to say: “You can’t have your cake and eat it."