extended essay supervisor comments examples

Extended Essay Resources: Supervisor Resources

• Research Video Tutorials
• In-text Citations
• Plagiarism VS. Documentation
• Primary Sources
• Subject Resources
• Cite Your Sources This link opens in a new window
• Evaluate Your Sources This link opens in a new window
• Supervisor Resources
• Note Taking Templates
• Paper Formatting
• October EE orientation presentation
• Extended Essay calendar
• Submit your topic selection

Useful Resources

• Subject-Specific Guidance Covers individual subjects’ requirements for the extended essay (EE) in terms of choice of topic, treatment of topic, and assessment and interpreting the assessment criteria.
• 2023 IB Extended Essay Guide The official guide from the IB. It contains information on overall requirements, subject-specific requirements, tips for conducting research, and assessment information. IMPORTANT!
• IB Extended Essay Homepage Official IB website for Extended Essay resources.
• EE Exemplars Student sample extended essays, corresponding marks and comments from senior examiners.
• Teacher Support Material Advice written by IB teachers experienced in supporting students and fellow teachers through the EE component of the Diploma Programme.
• EE Subject Reports Visit MyIB.com to view EE subject reports which are located within each subject's resources page.

Role of the Supervisor

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• Last Updated: May 8, 2024 12:46 PM
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Sat / act prep online guides and tips, the complete ib extended essay guide: examples, topics, and ideas.

International Baccalaureate (IB)

IB students around the globe fear writing the Extended Essay, but it doesn't have to be a source of stress! In this article, I'll get you excited about writing your Extended Essay and provide you with the resources you need to get an A on it.

If you're reading this article, I'm going to assume you're an IB student getting ready to write your Extended Essay. If you're looking at this as a potential future IB student, I recommend reading our introductory IB articles first, including our guide to what the IB program is and our full coverage of the IB curriculum .

IB Extended Essay: Why Should You Trust My Advice?

I myself am a recipient of an IB Diploma, and I happened to receive an A on my IB Extended Essay. Don't believe me? The proof is in the IBO pudding:

If you're confused by what this report means, EE is short for Extended Essay , and English A1 is the subject that my Extended Essay topic coordinated with. In layman's terms, my IB Diploma was graded in May 2010, I wrote my Extended Essay in the English A1 category, and I received an A grade on it.

What Is the Extended Essay in the IB Diploma Programme?

The IB Extended Essay, or EE , is a mini-thesis you write under the supervision of an IB advisor (an IB teacher at your school), which counts toward your IB Diploma (learn more about the major IB Diploma requirements in our guide) . I will explain exactly how the EE affects your Diploma later in this article.

For the Extended Essay, you will choose a research question as a topic, conduct the research independently, then write an essay on your findings . The essay itself is a long one—although there's a cap of 4,000 words, most successful essays get very close to this limit.

Keep in mind that the IB requires this essay to be a "formal piece of academic writing," meaning you'll have to do outside research and cite additional sources.

The IB Extended Essay must include the following:

• A title page
• Contents page
• Introduction
• Body of the essay
• References and bibliography

Additionally, your research topic must fall into one of the six approved DP categories , or IB subject groups, which are as follows:

• Group 1: Studies in Language and Literature
• Group 2: Language Acquisition
• Group 3: Individuals and Societies
• Group 4: Sciences
• Group 5: Mathematics
• Group 6: The Arts

Once you figure out your category and have identified a potential research topic, it's time to pick your advisor, who is normally an IB teacher at your school (though you can also find one online ). This person will help direct your research, and they'll conduct the reflection sessions you'll have to do as part of your Extended Essay.

As of 2018, the IB requires a "reflection process" as part of your EE supervision process. To fulfill this requirement, you have to meet at least three times with your supervisor in what the IB calls "reflection sessions." These meetings are not only mandatory but are also part of the formal assessment of the EE and your research methods.

According to the IB, the purpose of these meetings is to "provide an opportunity for students to reflect on their engagement with the research process." Basically, these meetings give your supervisor the opportunity to offer feedback, push you to think differently, and encourage you to evaluate your research process.

The final reflection session is called the viva voce, and it's a short 10- to 15-minute interview between you and your advisor. This happens at the very end of the EE process, and it's designed to help your advisor write their report, which factors into your EE grade.

Here are the topics covered in your viva voce :

• A check on plagiarism and malpractice
• Your reflection on your project's successes and difficulties
• Your reflection on what you've learned during the EE process

Your completed Extended Essay, along with your supervisor's report, will then be sent to the IB to be graded. We'll cover the assessment criteria in just a moment.

We'll help you learn how to have those "lightbulb" moments...even on test day!  

What Should You Write About in Your IB Extended Essay?

You can technically write about anything, so long as it falls within one of the approved categories listed above.

It's best to choose a topic that matches one of the IB courses , (such as Theatre, Film, Spanish, French, Math, Biology, etc.), which shouldn't be difficult because there are so many class subjects.

Here is a range of sample topics with the attached extended essay:

• Biology: The Effect of Age and Gender on the Photoreceptor Cells in the Human Retina
• Chemistry: How Does Reflux Time Affect the Yield and Purity of Ethyl Aminobenzoate (Benzocaine), and How Effective is Recrystallisation as a Purification Technique for This Compound?
• English: An Exploration of Jane Austen's Use of the Outdoors in Emma
• Geography: The Effect of Location on the Educational Attainment of Indigenous Secondary Students in Queensland, Australia
• Math: Alhazen's Billiard Problem
• Visual Arts: Can Luc Tuymans Be Classified as a Political Painter?

You can see from how varied the topics are that you have a lot of freedom when it comes to picking a topic . So how do you pick when the options are limitless?

How to Write a Stellar IB Extended Essay: 6 Essential Tips

Below are six key tips to keep in mind as you work on your Extended Essay for the IB DP. Follow these and you're sure to get an A!

#1: Write About Something You Enjoy

You can't expect to write a compelling essay if you're not a fan of the topic on which you're writing. For example, I just love British theatre and ended up writing my Extended Essay on a revolution in post-WWII British theatre. (Yes, I'm definitely a #TheatreNerd.)

I really encourage anyone who pursues an IB Diploma to take the Extended Essay seriously. I was fortunate enough to receive a full-tuition merit scholarship to USC's School of Dramatic Arts program. In my interview for the scholarship, I spoke passionately about my Extended Essay; thus, I genuinely think my Extended Essay helped me get my scholarship.

But how do you find a topic you're passionate about? Start by thinking about which classes you enjoy the most and why . Do you like math classes because you like to solve problems? Or do you enjoy English because you like to analyze literary texts?

Keep in mind that there's no right or wrong answer when it comes to choosing your Extended Essay topic. You're not more likely to get high marks because you're writing about science, just like you're not doomed to failure because you've chosen to tackle the social sciences. The quality of what you produce—not the field you choose to research within—will determine your grade.

Once you've figured out your category, you should brainstorm more specific topics by putting pen to paper . What was your favorite chapter you learned in that class? Was it astrophysics or mechanics? What did you like about that specific chapter? Is there something you want to learn more about? I recommend spending a few hours on this type of brainstorming.

One last note: if you're truly stumped on what to research, pick a topic that will help you in your future major or career . That way you can use your Extended Essay as a talking point in your college essays (and it will prepare you for your studies to come too!).

#2: Select a Topic That Is Neither Too Broad nor Too Narrow

There's a fine line between broad and narrow. You need to write about something specific, but not so specific that you can't write 4,000 words on it.

You can't write about WWII because that would be a book's worth of material. You also don't want to write about what type of soup prisoners of war received behind enemy lines, because you probably won’t be able to come up with 4,000 words of material about it. However, you could possibly write about how the conditions in German POW camps—and the rations provided—were directly affected by the Nazis' successes and failures on the front, including the use of captured factories and prison labor in Eastern Europe to increase production. WWII military history might be a little overdone, but you get my point.

If you're really stuck trying to pinpoint a not-too-broad-or-too-narrow topic, I suggest trying to brainstorm a topic that uses a comparison. Once you begin looking through the list of sample essays below, you'll notice that many use comparisons to formulate their main arguments.

I also used a comparison in my EE, contrasting Harold Pinter's Party Time with John Osborne's Look Back in Anger in order to show a transition in British theatre. Topics with comparisons of two to three plays, books, and so on tend to be the sweet spot. You can analyze each item and then compare them with one another after doing some in-depth analysis of each individually. The ways these items compare and contrast will end up forming the thesis of your essay!

When choosing a comparative topic, the key is that the comparison should be significant. I compared two plays to illustrate the transition in British theatre, but you could compare the ways different regional dialects affect people's job prospects or how different temperatures may or may not affect the mating patterns of lightning bugs. The point here is that comparisons not only help you limit your topic, but they also help you build your argument.

Comparisons are not the only way to get a grade-A EE, though. If after brainstorming, you pick a non-comparison-based topic and are still unsure whether your topic is too broad or narrow, spend about 30 minutes doing some basic research and see how much material is out there.

If there are more than 1,000 books, articles, or documentaries out there on that exact topic, it may be too broad. But if there are only two books that have any connection to your topic, it may be too narrow. If you're still unsure, ask your advisor—it's what they're there for! Speaking of advisors...

Don't get stuck with a narrow topic!

#3: Choose an Advisor Who Is Familiar With Your Topic

If you're not certain of who you would like to be your advisor, create a list of your top three choices. Next, write down the pros and cons of each possibility (I know this sounds tedious, but it really helps!).

For example, Mr. Green is my favorite teacher and we get along really well, but he teaches English. For my EE, I want to conduct an experiment that compares the efficiency of American electric cars with foreign electric cars.

I had Ms. White a year ago. She teaches physics and enjoyed having me in her class. Unlike Mr. Green, Ms. White could help me design my experiment.

Based on my topic and what I need from my advisor, Ms. White would be a better fit for me than would Mr. Green (even though I like him a lot).

The moral of my story is this: do not just ask your favorite teacher to be your advisor . They might be a hindrance to you if they teach another subject. For example, I would not recommend asking your biology teacher to guide you in writing an English literature-based EE.

There can, of course, be exceptions to this rule. If you have a teacher who's passionate and knowledgeable about your topic (as my English teacher was about my theatre topic), you could ask that instructor. Consider all your options before you do this. There was no theatre teacher at my high school, so I couldn't find a theatre-specific advisor, but I chose the next best thing.

Before you approach a teacher to serve as your advisor, check with your high school to see what requirements they have for this process. Some IB high schools require your IB Extended Essay advisor to sign an Agreement Form , for instance.

Make sure that you ask your IB coordinator whether there is any required paperwork to fill out. If your school needs a specific form signed, bring it with you when you ask your teacher to be your EE advisor.

#4: Pick an Advisor Who Will Push You to Be Your Best

Some teachers might just take on students because they have to and aren't very passionate about reading drafts, only giving you minimal feedback. Choose a teacher who will take the time to read several drafts of your essay and give you extensive notes. I would not have gotten my A without being pushed to make my Extended Essay draft better.

Ask a teacher that you have experience with through class or an extracurricular activity. Do not ask a teacher that you have absolutely no connection to. If a teacher already knows you, that means they already know your strengths and weaknesses, so they know what to look for, where you need to improve, and how to encourage your best work.

Also, don't forget that your supervisor's assessment is part of your overall EE score . If you're meeting with someone who pushes you to do better—and you actually take their advice—they'll have more impressive things to say about you than a supervisor who doesn't know you well and isn't heavily involved in your research process.

Be aware that the IB only allows advisors to make suggestions and give constructive criticism. Your teacher cannot actually help you write your EE. The IB recommends that the supervisor spends approximately two to three hours in total with the candidate discussing the EE.

#5: Make Sure Your Essay Has a Clear Structure and Flow

The IB likes structure. Your EE needs a clear introduction (which should be one to two double-spaced pages), research question/focus (i.e., what you're investigating), a body, and a conclusion (about one double-spaced page). An essay with unclear organization will be graded poorly.

The body of your EE should make up the bulk of the essay. It should be about eight to 18 pages long (again, depending on your topic). Your body can be split into multiple parts. For example, if you were doing a comparison, you might have one third of your body as Novel A Analysis, another third as Novel B Analysis, and the final third as your comparison of Novels A and B.

If you're conducting an experiment or analyzing data, such as in this EE , your EE body should have a clear structure that aligns with the scientific method ; you should state the research question, discuss your method, present the data, analyze the data, explain any uncertainties, and draw a conclusion and/or evaluate the success of the experiment.

#6: Start Writing Sooner Rather Than Later!

You will not be able to crank out a 4,000-word essay in just a week and get an A on it. You'll be reading many, many articles (and, depending on your topic, possibly books and plays as well!). As such, it's imperative that you start your research as soon as possible.

Each school has a slightly different deadline for the Extended Essay. Some schools want them as soon as November of your senior year; others will take them as late as February. Your school will tell you what your deadline is. If they haven't mentioned it by February of your junior year, ask your IB coordinator about it.

Some high schools will provide you with a timeline of when you need to come up with a topic, when you need to meet with your advisor, and when certain drafts are due. Not all schools do this. Ask your IB coordinator if you are unsure whether you are on a specific timeline.

Below is my recommended EE timeline. While it's earlier than most schools, it'll save you a ton of heartache (trust me, I remember how hard this process was!):

• January/February of Junior Year: Come up with your final research topic (or at least your top three options).
• February of Junior Year: Approach a teacher about being your EE advisor. If they decline, keep asking others until you find one. See my notes above on how to pick an EE advisor.
• April/May of Junior Year: Submit an outline of your EE and a bibliography of potential research sources (I recommend at least seven to 10) to your EE advisor. Meet with your EE advisor to discuss your outline.
• Summer Between Junior and Senior Year: Complete your first full draft over the summer between your junior and senior year. I know, I know—no one wants to work during the summer, but trust me—this will save you so much stress come fall when you are busy with college applications and other internal assessments for your IB classes. You will want to have this first full draft done because you will want to complete a couple of draft cycles as you likely won't be able to get everything you want to say into 4,000 articulate words on the first attempt. Try to get this first draft into the best possible shape so you don't have to work on too many revisions during the school year on top of your homework, college applications, and extracurriculars.
• August/September of Senior Year: Turn in your first draft of your EE to your advisor and receive feedback. Work on incorporating their feedback into your essay. If they have a lot of suggestions for improvement, ask if they will read one more draft before the final draft.
• September/October of Senior Year: Submit the second draft of your EE to your advisor (if necessary) and look at their feedback. Work on creating the best possible final draft.
• November-February of Senior Year: Schedule your viva voce. Submit two copies of your final draft to your school to be sent off to the IB. You likely will not get your grade until after you graduate.

Remember that in the middle of these milestones, you'll need to schedule two other reflection sessions with your advisor . (Your teachers will actually take notes on these sessions on a form like this one , which then gets submitted to the IB.)

I recommend doing them when you get feedback on your drafts, but these meetings will ultimately be up to your supervisor. Just don't forget to do them!

The early bird DOES get the worm!

How Is the IB Extended Essay Graded?

Extended Essays are graded by examiners appointed by the IB on a scale of 0 to 34 . You'll be graded on five criteria, each with its own set of points. You can learn more about how EE scoring works by reading the IB guide to extended essays .

• Criterion A: Focus and Method (6 points maximum)
• Criterion B: Knowledge and Understanding (6 points maximum)
• Criterion C: Critical Thinking (12 points maximum)
• Criterion D: Presentation (4 points maximum)
• Criterion E: Engagement (6 points maximum)

How well you do on each of these criteria will determine the final letter grade you get for your EE. You must earn at least a D to be eligible to receive your IB Diploma.

Although each criterion has a point value, the IB explicitly states that graders are not converting point totals into grades; instead, they're using qualitative grade descriptors to determine the final grade of your Extended Essay . Grade descriptors are on pages 102-103 of this document .

Here's a rough estimate of how these different point values translate to letter grades based on previous scoring methods for the EE. This is just an estimate —you should read and understand the grade descriptors so you know exactly what the scorers are looking for.

Here is the breakdown of EE scores (from the May 2021 bulletin):

How Does the Extended Essay Grade Affect Your IB Diploma?

The Extended Essay grade is combined with your TOK (Theory of Knowledge) grade to determine how many points you get toward your IB Diploma.

To learn about Theory of Knowledge or how many points you need to receive an IB Diploma, read our complete guide to the IB program and our guide to the IB Diploma requirements .

This diagram shows how the two scores are combined to determine how many points you receive for your IB diploma (3 being the most, 0 being the least). In order to get your IB Diploma, you have to earn 24 points across both categories (the TOK and EE). The highest score anyone can earn is 45 points.

Let's say you get an A on your EE and a B on TOK. You will get 3 points toward your Diploma. As of 2014, a student who scores an E on either the extended essay or TOK essay will not be eligible to receive an IB Diploma .

Prior to the class of 2010, a Diploma candidate could receive a failing grade in either the Extended Essay or Theory of Knowledge and still be awarded a Diploma, but this is no longer true.

Figuring out how you're assessed can be a little tricky. Luckily, the IB breaks everything down here in this document . (The assessment information begins on page 219.)

40+ Sample Extended Essays for the IB Diploma Programme

In case you want a little more guidance on how to get an A on your EE, here are over 40 excellent (grade A) sample extended essays for your reading pleasure. Essays are grouped by IB subject.

• Business Management 1
• Chemistry 1
• Chemistry 2
• Chemistry 3
• Chemistry 4
• Chemistry 5
• Chemistry 6
• Chemistry 7
• Computer Science 1
• Economics 1
• Design Technology 1
• Design Technology 2
• Environmental Systems and Societies 1
• Geography 1
• Geography 2
• Geography 3
• Geography 4
• Geography 5
• Geography 6
• Literature and Performance 1
• Mathematics 1
• Mathematics 2
• Mathematics 3
• Mathematics 4
• Mathematics 5
• Philosophy 1
• Philosophy 2
• Philosophy 3
• Philosophy 4
• Philosophy 5
• Psychology 1
• Psychology 2
• Psychology 3
• Psychology 4
• Psychology 5
• Social and Cultural Anthropology 1
• Social and Cultural Anthropology 2
• Social and Cultural Anthropology 3
• Sports, Exercise and Health Science 1
• Sports, Exercise and Health Science 2
• Visual Arts 1
• Visual Arts 2
• Visual Arts 3
• Visual Arts 4
• Visual Arts 5
• World Religion 1
• World Religion 2
• World Religion 3

What's Next?

Trying to figure out what extracurriculars you should do? Learn more about participating in the Science Olympiad , starting a club , doing volunteer work , and joining Student Government .

Studying for the SAT? Check out our expert study guide to the SAT . Taking the SAT in a month or so? Learn how to cram effectively for this important test .

Not sure where you want to go to college? Read our guide to finding your target school . Also, determine your target SAT score or target ACT score .

As an SAT/ACT tutor, Dora has guided many students to test prep success. She loves watching students succeed and is committed to helping you get there. Dora received a full-tuition merit based scholarship to University of Southern California. She graduated magna cum laude and scored in the 99th percentile on the ACT. She is also passionate about acting, writing, and photography.

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• Support Sites

Extended Essay Support Site

As you set out to write your extended essay, know that you are not alone. You have a supervisor. The role of your supervisor is to guide you. Here is a mind map to help you make sense of the roles, requirements and recommendations for supervisors.

If you cannot make a meeting let your supervisor know.

Be prepared before meetings. Send your supervisor a copy of your RRS or your work ahead of the meeting. Agree on an agenda for the meeting.

Use your supervisor as a sounding-board for your ideas.

If your supervisor listens to you, it’s suggested that you listen to his or her advice.

As well as longer RPPF sessions, arrange to meet frequently and briefly for check-in meetings.

Keep in mind that the RPPF is assessed for Criterion E: Engagement. The supervisor writes comments about the candidate's level of engagment on the form. The examiner reads the supervisor's comments and can be influenced by these comments when determining marks. So candidates: make sure your supervisor wants to vouch for you!

HS IB Extended Essay Guide: Supervisor Info

• Getting Started

Research Questions

• References & Citations
• Reflection (RPPF)

World Studies Extended Essay

• Science EE Info
• Past Essays
• Supervisor Info
• Citing Images, Tables, & Graphs

Supervisor Responsibilities

• Supporting the Extended Essay - Supervisor

Supervisors WILL :

• undertake three mandatory reflection sessions with each student they are supervising
• initial and date each reflection summarized on the  Reflections on planning and progress form  and provide comments at the end of the process. If the form and essay are submitted via the eCoursework system, then it is deemed signed and authenticated. An RPPF that is blank, unsubmitted, or written in a language other than that of the essay, will be awarded a 0 for criterion E.
• provide students with advice and guidance in the skills of undertaking research
• encourage and support students throughout the research and writing of the extended essay
• discuss the choice of topic with each student and, in particular, help to formulate a well-focused research question which is suitable to the subject of registration and ensure that the chosen research question satisfies appropriate legal and ethical standards with regard to health and safety, confidentiality, human rights, animal welfare and environmental issues
• is familiar with the  regulations  governing the extended essay and the assessment criteria, and gives copies of these to students
• monitor the progress of the extended essay to offer guidance and to ensure that the essay is the student’s own work (this may include presenting a section of the essay for supervisor comment)
• read and comment on one draft only of the extended essay (but do  not  edit the draft); this should take place after the  interim reflection session , but before the  final reflection session , the  viva voce
• ensure that the final version of the essay is handed in before the final reflection session ( viva voce ) takes place, and that no changes are made to it subsequently
• read the final version and, in conjunction with the  viva voce , confirm its authenticity.

Source: ibo.org

Supervisors are  strongly  recommended to:

• read recent extended essay reports for the subject
• spend between three and five hours with each student, including the time spent on the three mandatory reflection sessions
• encourage the development of a  Researcher’s reflection space  for students
• set a clear schedule for the reflection sessions
• ensure that the chosen research question is appropriate for the subject
• access to appropriate resources (such as people, a library, a laboratory)
• research methods
• how to cite and reference .

Supervisor Meetings

• EE Supervisor Meetings - Guidance

There are three mandatory reflection sessions that are a formal part of the extended essay.

• Reflection sessions
• First formal reflection session
• Interim reflection session
• Viva Voce reflection session

Source: Oxford, EE Manual, 2016

Five Criteria

A: Focus and method (6)

B: Knowledge and understanding (6)

C: Critical thinking (12)

D: Presentation (4)

E: Engagement (6)

Total: 34 marks

• Full EE Criteria
• Full EE Criteria - with comment space
• Assessment: Grade Descriptors
• Assessment: Unpacking the criteria
• Assessment: Understanding the assessment criteria

Grade Boundaries

Reporting Procedures

EE progress will appear on Reports DP Year 1: Semester 2 (EE supervisor) DP Year 2: Semester 3 & Semester 4 (EE coordinator) 

• EE: Reporting Instructions
• Formulating well-focused research questions
• Sample research questions
• The World Studies EE is organized across six global themes. Students choose one of these under which to register their essay
• The World Studies EE invites students to conduct an in-depth,  interdisciplinary  investigation into an issue of contemporary global importance
• The World Studies EE requires students to bring together aspects of different disciplines to illuminate their chosen topic
• Recognize and understand local and global relationships in dynamic interaction
• Students should use two DP subjects. It is strongly recommended that students are undertaking a course of study in at least one of the subjects chosen for their essay
• Students are not expected to address the topic in its full complexity, but should aim to generate understandings that are new to them
• World Studies global themes
• World Studies introduction
• World Studies multiple forms of integration

Subject Reports

These reports are produced by IB EE examiners, based on past student work and include subject specific notes about: 

• Range and suitability of work submitted
• Candidate performance against criteria A-E
• Recommendations for supervision of future candidates
• EE: Do's & Don'ts by Subject - April 2021 These do's and don'ts lists were compiled by EE supervisors, based on the EE Subject reports
• EE: General report 2021
• Biology: EE subject report 2021
• Business Management: EE subject report 2021
• Chemistry: EE subject report 2021
• Chinese B: EE subject report 2021
• Design: EE subject report 2021
• Economics: EE subject report 2021
• ESS: EE subject report 2021
• Film: EE subject report 2021
• Geography: EE subject report 2021
• Global Politics: EE subject report 2021
• History: EE subject report 2021
• Language A: EE subject report 2021
• Language B: EE subject report 2021
• Math: EE subject report 2021
• Music: EE subject report 2021
• Philosophy: EE subject report 2021
• Physics: EE subject report 2021
• Psychology: EE subject report 2021
• SEHS: EE subject report 2021
• Theatre: EE subject report 2021
• Visual Arts: EE subject report 2021
• World Religions: EE subject report 2021
• World Studies: EE subject report 2021

IB Subject Specific Requirements

These files cover individual subjects’ requirements for the extended essay (EE) in terms of:

• Choice of topic
• Treatment of topic

You can find subject specific information at the following website or in the PDF documents below:

• IBO.org EE Subject specific guidance Choose your subject group and then your identified subject to find out the subject requirements.
• EE guide Language A
• EE guide Language B
• EE guide Business Management
• EE guide Economics
• EE guide Global Politics
• EE guide History
• EE guide Psychology
• EE guide Philosophy
• EE guide ITGS
• EE guide Biology
• EE guide Chemistry
• EE guide Design Technology
• EE guide Physics
• EE guide SEHS
• EE guide Mathematics
• EE guide Music
• EE guide Theatre
• EE guide Visual Arts
• EE guide Film
• EE guide World Studies
• EE guide ESS
• EE guide Computer Science
• << Previous: Past Essays
• Next: Citing Images, Tables, & Graphs >>
• Last Updated: Feb 26, 2024 11:05 AM
• URL: https://seoulforeign.libguides.com/EE

Sir Wilfrid Laurier C.I. Library & Learning Commons

Final Steps: The Supervisor’s Report, Viva Voce and the RPPF

After you’ve read the E.E. and used the criteria to assess the Essay itself, you’re almost done.

The Final Steps for the E.E., have more to do with your efforts than any other part of the E.E. process.

There are 2 major final steps before you have determined the Predicted Grade .

The Viva Voce

• The Supervisor’s Report, part of the RPPF

The Viva Voce’s importance to the Extended Essay experience is more defined with the new curriculum. It is now designed to be a thirty minute session where the mentor and the student discuss the E.E.

Viva Voce Information from the I.B.

• Reminder, the student will complete their 3rd Mandatory Reflection statement after the Viva Voce with you. This reflection is to be written within 24-48 hours of that meeting.
• This is because Criterion E evaluates the three reflections, one of which will not be written before the Viva Voce.

The Supervisor’s Report and RPPF

For years, we haven’t been given much to refer to when it comes to the Supervisor’s Report.

With the new E.E., that has changed.

The  Reflections on planning and progress form  provides insight into the importance of your report and the student reflections on Criterion E. It also provides exemplars of the RFFPs. At the bottom of the RPPF you’ll find sample supervisor reports. That is going to really help you out.

• Do not provide any identifying characteristics about the student. This includes their name, gender, sexuality, religion, ethnicity or any other identifier.
• This is to ensure that this is truly a “Blind Read”
• At the top of the RPPF, there is a place to enter a Candidate Personal Code. I’ll be in touch with the information closer to January.
• “Important note: The total number of supervision hours must not exceed five hours . Coordinators are asked to remind all extended essay supervisors that the hours of supervision stated on the coversheet should not include any lab supervision necessary for safety reasons. The hours stated should include only one-to-one time spent discussing the progress of the extended essay. All supervisors must be familiar with the extended essay requirement for the Diploma Programme and their responsibilities for guiding candidates on the preparation and writing of an extended essay.” ( B7.3 Regulations )

When writing your supervisor’s report, use the Supervisor’s Comments section in Managebac. (Found under Planning & Progress on your student’s page)

The commentary you provide will be transferred into the RPPF after you EXPORT the file. See the slide below where the steps are laid out.

RPPF Information from the I.B.

Supervisors

"What is my role?"

As an EE Supervisor, you have an important role to play in the success of your student(s). The document on the left is an extract from the official IB Extended Essay Guide (updated in 2022) slightly modified to reflect the reality of the Extended Essay supervision at St.Mary's.

Communication between the EE Coordinator and the Supervisors

ManageBac is the platform that students use to post their work, add resources and keep their reflections. This is the place where the Extended Essay is formally completed.

As an Extended Essay supervisor, you have access to ManageBac to check your student(s)' work and progress.

Google Classroom

This is the place where most of the communication is shared between the EE coordinator, the students and the supervisors in full transparency.

Student work will be posted on Google Classroom as well as on turnitin.com (not accessible to supervisors)

Email remains the most common mean of communication among the supervisors.

As a supervisor, you are expected to read all emails sent regarding the Extended Essay as they usually inform you of an upcoming step or prompt you to take action.

How do I know if the student is on the right track?

First, your personal academic experience as a University student should help: you have completed papers during your time in University and this experience should be enough to let you appreciate the quality of your student(s)' work.

Secondly, the subject specific guidance pages in the Extended Essay Guide are also here to help you understand what the IB expects from a student's extended essay in the subject you are supervising: a biology extended essay does not imply the same requirements than a history extended essay, for example. These pages are here to indicate both to the student and the supervisor what must be avoided and what should be encouraged in the research and writing process.

How often should I meet with my student(s)?

You will meet at least three times over the process. These meetings are mandatory and students must write a reflection after each of these three meetings. These reflections are included in the assessment process and contribute to determine the grade for criterion E (engagement).

Apart from these three mandatory meetings, you are allowed to meet with your student(s) for a total amount of time that must not exceed 5 hours (including the three mandatory meetings). This limit is strict and if a student were to spend more time with their supervisor, the IB may not let the school submit their work (meaning that the student would be failing to obtain the IB Diploma).

How often you and your student(s) are going to meet will depend greatly on your student(s)' engagement with the research, on the subject you are supervising and on the complexity of the topic that your student(s) is dealing with.

My student(s) is not communicating with me. What should I do?

It is a good idea to send them an email to ask simply how they are doing so far with the EE. If you do not hear from your student(s) after that, you should let me know and I will be jumping in to figure out what the problem is. Remember that the EE Coordinator is here to support both the students AND the supervisors.

I know nothing about the topic my student(s) has chosen. What can I do?

The choice of topic should is the student's responsibility. Ours, as supervisors, is to provide guidance on the viability of the topic: deontologically, we should help the student figure out a topic that we know they can address as High School students in a 4,000 word long paper.

What should I write in my "supervisor comments"?

It is probably important to start first with what you should not write in this section: you should not write anything that aims at convincing the examiner that the student's work deserves this or that grade . This is their job. Our job is to help them ensure that the evaluation is taking into account not only the final product but the whole student's learning experience too.

In this perspective, the supervisor's comments should focus on all the process-related aspects that are not visible in the student's essay: how difficult it may have been for the student to determine a viable topic and a research question; what kind of difficulties the student went through in the research process; but also more importantly how the student found the resources to overcomes these difficulties and make this learning experience fruitful.

Is there a word limit to the supervisor comments?

There isn't and the place allocated physically on the EE Reflection, Planning and Progress Form (EE-RPPF) is quite large. But it does not mean that the supervisor should write extensively: the quality of the comments are far more important than the quantity. The rule thumb is to ask ourselves, as supervisors, this question: is this information useful for the examiner to understand what happened in the backstage of the Extended Essay process?

Depending on the subject that you are supervising student work for, these comments can be substantially longer: EEs in Sciences require lab time and processes that deserve further comments from the supervisor. Such processes do not usually take place in social studies EEs such as History or Economics and thus the comments may be much more synthetic in that regards.

Extended Essay (IB): Supervisor resources

• The Inquiry Process
• EE Seminar 1
• EE Seminar 2
• IT Workshop 1
• EE Investigation Days
• EE Writing Days
• Choosing a subject and topic
• Developing a line of inquiry
• Finding and selecting sources
• Working with ideas
• Expressing your ideas
• Using ManageBac
• Supervisor resources
• Who can help?

Introduction

The EE supervisor has a critical role in supporting the student. This role is described in detail in the IB EE Guide (link below right). Hopefully supervisors will find the whole of this LibGuide useful in supporting their students, but this section is particularly for resources that are aimed at supporting supervisors.

If there is anything you think your students would benefit from that we can add to the guide, please contact Lucy Breag (LRB) in the Library.

The box below is mirrored from the Choosing a Subject and Topic tab:

Subject Specific Guidance

Use the links below to explore the Subject-Specific Guidance for your chosen subject. Note that it is very important to use the side navigation menu to make sure you have read ALL the relevant guidance (see example for Biology, below).

You MUST read the subject-specific guidance before completing your Supervisor Application Form, and reread it before completing your Research Proposal Log. You might find it helpful to take notes using the Using the Subject-Specific Guidelines table.

Electronic versions of these can be found at the top right hand side of this page (follow links). If you wish to submit your handwritten version to ManageBac, you may upload a (legible!) photograph.

Graphic organisers we recommend to students

None of these resources are compulsory, assessed IB resources. They are merely intended to support students through the process. The only assessed items from an IB perspective are the Reflections on Planning and Progress Form (which can be found on ManageBac) and the essay itself.

As a school, we make the Supervisor Application Form and Research Proposal Form compulsory in order to get the process off to a strong start. All other resources are optional (but highly recommended).

Resources students (could) use during the initial stages of their Extended Essay

Resources that are particularly useful for the Investigation Days and beyond

Resources that are particularly useful for the Writing Days

Guides to support you and your students

IB EE Guides for supervisors

EE Subject Reports

New reports are published every 3 years, with 2021 ones being the most recent.

• Biology (2021)
• Business Management (2021)
• Chemistry (2021)
• Classical Languages (2021)
• Design Technology (2021)
• Economics (2021)
• English A (2021)
• French B (2021)
• Geography (2021)
• German A (2021)
• German B (2021)
• Global Politics (2021)
• History (2021)
• Philosophy (2021)
• Psychology (2021)
• Spanish B (2021)
• Sports, Exercise and Health Science (2021)
• Theatre Studies (2021)
• Visual Arts (2021)

The box below is mirrored from the student "Expressing your ideas" tab on this guide:

Examples of EEs with mark schemes

• Sample EEs These are sample essays, with mark sheets, on the IB Extended Essay website. Do not spend too long reading the essays - the most important use of these is to look at the mark schemes for essays in your subject to see what examiners are looking for, and what mistakes to avoid.

Sample EEs in German Language and Literature A (not provided on site above)

NOTE: These were all written before the 2018 rule changes so contain structural features such as abstracts, which should no longer be used. The mark scheme has also changed substantially, so be careful how you use these.

• May 2015—Example A
• May 2015—Example B
• May 2015—Example C
• May 2013—Example A
• May 2013—Example B
• May 2013—Example C

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Extended Essay: Criteria E - 3 Reflections

• Introduction to the EE
• Step 1 - Choose a subject
• World Studies
• Step 3 - The Researchers Reflection Space
• Identify Sources
• Tools for Note Taking
• Video Guides
• Step 5 - Creating Research Questions
• Step 6 - Outlines and Plans
• Step 7 - Citing
• Criteria E - 3 Reflections
• Know Your Criteria
• Criteria D - Check your Formatting
• 4000 words final hand in

Initial Meeting and Reflection

Interim reflection and meeting, writing your interim reflection, november 2024 - viva voce and final reflection, information.

• You should develop a good working relationship with your supervisor. They are officially only allowed to help you for 4 to 5 hours, so when you go and meet them make sure that you are very well prepared with a list of questions of how they might be able to help you.
• It is  YOUR responsibility  to arrange meetings with the supervisor and not theirs. This is  your extended essay  and you have to take ownership of it.
• There are 3 times that you will have to reflection on these meetings and your progress. Prepare for these using the following resources
• Blog - IB Mastery  - How to Write Reflections - some good advice here
• Examiners Comments 2021  - Crit E: Start here

Examples 

• Link to folder  with Reflections from past CIS students , and some examples from the IB ee pages. Look at the difference between a 2, 3,4,5 and 6 point reflection.
• IB EE examples  - This is really important to look at for examples of EE's and reflections in all subjects. IMPORTANT to look at this.

Your First Reflection on Mangebac

This is where you put your first reflection - 

Note - If you are writing in Chinese you do not write on Managebac - You will instead write directly on a pdf and place this in your folder.

Link to pdf form for Chinese RPPF - you have 600 characters limit.

Preparing for your Reflection/ check in session

The table below gives you an idea of what questions to ask yourself when preparing for your check in /reflection sessions and what evidence you could show in your RRS.

Questions during Sessions

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The Extended Essay supervisor’s report

The teachers whose students take November exams are currently in the process of collecting Extended Essays , reading them, conducting the Viva Voce (although it’s now optional a surprising number of teachers still do an exit interview) and then trying to determine how to fill out the report.

The student fills out the front page and signs a declaration that the work they submit is their own.  It then goes to the supervisor.

The required components are the supervisor’s name at the top, and the number of hours spent working with the student on the Extended Essay and a signature declaration that you have read the final copy and to the best of your knowledge the work is that of the candidate on the bottom.

However, the center of the page is large a blank area for comments  with the following directive:

 “If appropriate, please comment on the candidate’s performance, the context in which the candidate undertook the research for the extended essay, any difficulties encountered and how these were overcome. These comments can help the examiner award a level for criterion H. Do not comment on any adverse personal circumstances that may have affected the candidate.”

What should we write?  Should we write at all?  The answer is almost always yes.  Most of us spend between 3 and 5 hours on each student.  This time involves reading, commenting, meeting with the student and discussing both the progress and the final result.  By commenting on this you can give the examiner an insight into the process that the student underwent when creating and writing the essay.  Other than personal comments regarding interest in the subject (especially when the student has a personal connection to the content), we examiners do not know the student.  We can make good guesses about how hard the student worked, but we aren’t always right.

As an examiner, I don’t need to know how you think the student will perform against the criteria or even an A – E mark.  I will be reading it and making that assessment myself soon enough.  So, what do you comment upon?

Some students are researching and writing in multiple languages; others are not the best students but they have done the best work you have ever seen from them and this was a real growth experience.  Some subjects may seem easily researched in major cities but your student is in a rural area with limited access to scholarly, peer-reviewed materials and has done the best with the materials available.  All of these are worthy of comment.

Also, you have put considerable work into supervising the student – was the student easy to work with or open to feedback?  Be sure to report this.

All of this helps make the essay become a person’s product to the examiner, something that makes the process more enjoyable, and makes us all more open to providing detailed comments on the exam even though we are not required to do so.

The Extended Essay is one of the few remaining assessments that we still receive as a paper copy.  It’s nice to feel that direct connection.

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IB Extended Essay: Reflections

• Research Questions
• Past Essays
• Notes & Outlines
• Works Cited Page
• In-Text Citations
• Assessment Criteria
• Reflections
• Supervisor Info
• Net Valley Library This link opens in a new window

Three Reflections: Prompts & Examples

• Reflection 1
• #1: Example
• Reflection 2
• #2: Example
• Reflection 3
• #3: Example
• Scored Samples

Write the first reflection  after one of the early sessions with your supervisor. Focus on...

• Your ideas regarding the topic in general
• The research question you have in mind
• Initial background reading or research you may have conducted
• Possible approaches
• Initial thoughts about the answer to your research question
• Roughly 100 words in length

Guiding Questions:

• What exactly do you want to find out?
• What resources do you plan to use?
• What problems do you anticipate?
• To what extent does your topic fit within the subject EE criteria?
• What sources have you found and what do you still need to find?
• Have you collected sufficient data? (if applicable)
• Why are you interested in research this?
• Do you have sufficient knowledge in the subject area to fulfill the EE requirements?
• Are there any ethical issues to consider before beginning this research?

Sample 1st Reflection: History

I was attracted to Anna Comnena's  The Alexiad  as a result of some extra readings which formed part of my IB History course (Crusades). As the first female historian, she stands in a unique place in terms of historiography, something which appealed to me as both a woman and budding historian. I was initially considering writing about her accounts of the First Crusade but quickly found the topic to be far too wide in scope. A reading of Paul Magdalino's article "The Pen of the Aunt" helped refocus me on the issue of historical purpose, i.e., why she wrote the history she did. I have now allocated time to reading historical accounts of Manuel I's reign to decide how closely the events Anna mentions in her history of her father's reign (Alexius) so as to validate my current hypothesis-  that Anna intended the work as a celebratory account of her father so as to cast a negative light on the rule of her nephew Manuel I. My current list includes Runciman, France, Macrides, Christomides, and Hill.

The Second Reflection session usually falls somewhere in the middle to latter half of your EE process

• Discuss how the research question has become more refined
• Comment on any challenges you have encountered & what solutions you have attempted
• Discuss how your thinking on your topic has evolved
• Roughly 200 words in length

Where was I? Where I am now? Where am I going?

What sources do you find helpful?

How have you evaluated your sources?

Have you adopted a structure for writing based on what the IB requires?

What do you need to do next?

Sample of 2nd Reflection: History

I was finding it hard to come up with a satisfactory counter to the question of accuracy and authenticity which feature prominently in modern readings of her work. Historians ranging from Edward Gibbon and John France to the more direct Howard-Johnson paper which completely challenges her authorship effectively negated my hypothesis entirely. Using Magdalino and Hill as a focus point, I re-read key sections of  The Alexiad  and mapped out her account against the policital events of Manuel I's reign and quickly discovered some interesting overlaps (building works, military campaigns, relations with the West, etc.). Though occasionally obscure and subtle, the criticisms emerge by means of an unspoken comparison which Byzantine readers of her account would have well understood. This approach is providing me with a suitable counter to the aforementioned criticisms. I have also begun structuring my work accordingly with sections devoted to historical context followed by a section on  The Alexiad  which compares and contrasts events from Alexius' time with those of Manuel's. I am considering a chapter on the historiographical tradition of Byzantium but may integrate it into the main body in the end.

The Third Reflection can be written before the Viva Voce meeting to help you prepare for the conversation.

• Offer your final reflections on the process
• Discuss any achievements realized or challenges overcome
• Discuss elements that allowed you to complete the task that may not be readily apparent in the essay itself.
• Discuss any relevant ATL's (Approaches to Learning) that you have developed through the process & be ready to provide good examples.

Guiding Questions

What did you discover that surprised you?

Is writing the EE mainly about process or product AND why?

What would you have done differently and why?

What advice would you give to a student just beginning this process?

What have been the high and low points of the research and writing processes?

What would you have done differently?

What is the most important thing that you learned?

What was your greatest challenge and how did you overcome it?

What would you change if you did another EE?

What was the most valuable experience that you took away from the process?

What was your greatest challenge and what did you do to overcome it?

What IB learner profile attribute would you say helped you through the process (communicator, risk-taker, etc.)?

Would you like to continue reading on this topic?

What questions did this process raise?

What conclusions have you drawn about the topic?

Sample 3rd Reflection: History

I am very pleased with how the essay has turned out. Skills wise, I had no problems with referencing which I picked up quickly though integrating source analysis did prove a challenge at times due to my narrative tendencies. I believe I've been able to challenge the orthodox interpretations of Anna's work as a piece of fantasy fiction at the hands of a disgruntled woman by showing that Anna was effectively using one of the few weapons still permitted her in her diminished political state- the power of words- to criticize the existing leadership. Hill's works proved of particular use to me as they examined female power in a broader context and thus gave me a framework for interpreting what Anna was able to do within the context of her time.

• Lang & Lit (scored 3)
• Lang & Lit (scored 4)
• Psychology (scored 4)
• Visual Arts (scored 3)
• Visual Arts (scored 4)
• Geography (scored 6)
• Philosophy (scored 6)
• World Religions  (scored 6)

Also see these examples with examiner comments

Questions to Ask Yourself

Avoid using only description and keep descriptions brief. Use the prompts to spark your thinking.

See  reflections with Examiner comments to get an idea of the level of thinking you want to attain.

Descriptive Ideas (limited reflection)

• What did I do?
• How did I undertake my research?
• What were the problems I faced?
• Did my approach or strategies change throughout the process?
• What have been the high and the low points of the research and writing process?

Analytical Ideas (good reflection)

• To what extent was my research successful?
• If I changed approach or strategies during the process, why did I do this?
• What did I learn from the experience in terms of my understanding of the subject area and/or skills needed?
• How has my understanding of the topic and process developed?

Evaluative Ideas (excellent reflection)

• If I did this again, what would I do differently?
• If I did this again, would I change the theories applied, or my methodology?
• Would there be a different outcome?
• What can I conclude?
• Were the strategies I used most appropriate for achieving my outcomes?
• What questions emerged as a result of my research? Would these questions influence my approach if I did this all over again?

Reflection Tips

IB Mastery  (article + video)

Writing Tips:

• Use strong active verbs (eliminate "to be"....am, is, was)
• Personal interest
• Research Planning
• Concrete details/examples (brief)
• Use words such as: choice, decision, progress, engaged 

Sentence starters:

• "I decided to...."
• "I gained insight when...because of...regarding...."
• "I adjusted my approach when/because/due to/....in order to..."
• "Based on ---, I decided to ---"
• "I made progress when...."

Criterion E: Engagement

EE Marks Breakdown:

A: Focus and method (6 marks) B: Knowledge and understanding (6 marks) C: Critical thinking (12 marks) D: Presentation (4 marks) E: Engagement (6 marks) = Your REFLECTIONS! Total marks awarded: 34 

Due Dates (Class of 2022)

Submit to MB in the "Progress and Planning" tab

First Reflection (100 words)

• Week of May 10-14

Interim Reflection (150 words)

• Week of Sept 6-10

Viva Voce and Final Reflection (250 words)

• Between Oct 20 - Nov 6
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• Last Updated: Apr 9, 2024 9:39 AM
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Extended Essay: Evaluation Criteria & Examiner Reports

• Kick Off Day
• Define Topic
• Locate Resources
• Annotated Bibliography
• Evaluating Sources
• Integrating Quotes
• Citations & Referencing
• Evaluation Criteria & Examiner Reports
• Criterion A, B, C: Assessment of Research
• Criterion D: Presentation
• Criterion E: Engagement (Reflection)
• The Viva Voce
• EE Draft Feedback Template for Supervisors
• Language of Analysis
• Approaches to Learning (ATL)
• Roles and Responsibilities

Studies in Language & Literature

• Subject Specific Assessment
• Examiner Report
• Group 1 Subject Specific Assessment
• Group1 Language A EE Report May 2015
• Subject Specific Assessment Criteria
• Biology Subject Specific Assessment Criteria
• Chemistry Subject Specific Assessment Criteria
• Physics Subject Specific Assessment Criteria
• Sports, Exercise, & Health Sciences Subject Specific Criteria
• Biology EE Report May 2015
• Chemistry EE Report May 2015
• Physics EE Report May 2015
• Sports, Exercise, & Health Sciences EE Report May 2015

Language Acquisition

• Group 2 Subject Specific Criteria
• Math Subject Specific Assessment Criteria
• Math EE Report May 2015
• Theatre EE Report May 2015

World Studies

• World Studies Examiner Report

Individuals and Societies

• Economics Subject Specific Assessment Criteria
• Geography Subject Specific Assessment Criteria
• History Subject Specific Assessment Criteria
• Economics EE Report May 2015
• Geography EE Report May 2015
• History EE Report May 2015
• Visual Arts Subject Specific Criteria
• Theatre Arts Subject Specific Criteria
• Visual Arts EE Report May 2015
• << Previous: Citations & Referencing
• Next: Criterion A, B, C: Assessment of Research >>
• Last Updated: Mar 5, 2024 11:47 AM
• URL: https://ismanila.libguides.com/extendedessay

Ethical Dilemma

Ai generator.

Ethical dilemmas present challenging situations where individuals must choose between conflicting moral principles. These scenarios often arise in various fields, from medicine to business, and compel individuals to weigh the consequences of their decisions. In an ethical dilemma, there is no clear right or wrong answer, making the resolution process complex and deeply personal. This article explores the nature of ethical dilemmas, examines notable examples, and provides frameworks for navigating these tough choices with integrity and thoughtfulness.

What is Ethical Dilemma? – Definition

An ethical dilemma is a problem that occurs in a person’s decision-making process, which has decisions that have large consequences for the people involved in the problem. These types of problems are often confusing and difficult to answer due to the complexity of the situation. The person has to take note and understand various elements , themes , and tones that contribute to the overall context of the ethical situation.

Ethical Dilemmas Examples

• Medical Decision-Making : A doctor must decide whether to respect a terminally ill patient’s wish to refuse treatment or to intervene to save their life.
• Confidentiality vs. Safety : A therapist learns that a client plans to harm someone but has sworn confidentiality.
• Whistleblowing : An employee discovers illegal activities within their company but fears losing their job if they report it.
• Use of Force : A police officer must decide whether to use force in a situation where a suspect appears threatening but unarmed.
• Academic Integrity : A student finds a way to cheat on an important exam and must choose between honesty and a better grade.
• Resource Allocation : A hospital must decide how to allocate limited resources like ventilators during a pandemic.
• Animal Testing : A researcher must balance the potential human benefits of their work against the ethical concerns of using animals for testing.
• Advertising Ethics : A marketing professional must decide whether to use potentially misleading claims to boost sales.
• Conflict of Interest : A journalist has a financial interest in a company they are assigned to cover.
• Environmental Responsibility : A company must choose between cost-saving measures that harm the environment and more expensive, eco-friendly alternatives.
• Cultural Sensitivity : A business must decide whether to respect local customs that conflict with its ethical standards.
• Data Privacy : A tech company must choose between collecting user data for profit and respecting users’ privacy rights.
• Euthanasia : A family must decide whether to support a terminally ill loved one’s wish for assisted suicide.
• Genetic Engineering : Scientists debate the ethical implications of editing human genes to prevent diseases.
• Charity Allocation : A nonprofit organization must decide which causes to fund with its limited resources.
• Freedom of Speech : A social media platform must balance the need for open discourse with the responsibility to prevent hate speech.
• End-of-Life Care : A family must decide whether to continue life support for a loved one in a vegetative state.
• Employee Surveillance : A company must decide whether to monitor employees’ activities to prevent theft or respect their privacy.
• Artificial Intelligence : Developers must consider the ethical implications of creating AI systems that could replace human jobs.
• Corporate Social Responsibility : A business must choose between maximizing profits and contributing to social causes.
• Journalistic Ethics : A reporter must decide whether to publish a story that could harm someone’s reputation but serves the public interest.
• Patient Autonomy : A doctor must decide whether to honor a patient’s request for an unproven treatment.
• Military Decisions : A soldier must choose between following orders and protecting innocent civilians.
• Privacy vs. Security : Governments must balance the need for surveillance to ensure national security with the right to individual privacy.
• Research Ethics : A scientist must decide whether to manipulate data to achieve desirable results.
• Corporate Governance : Board members must choose between actions that benefit shareholders and those that benefit employees and the community.
• Financial Reporting : An accountant must decide whether to report financial irregularities that could damage their company.
• Medical Research : Researchers must decide whether to continue a study that shows promising results but also serious side effects.
• Cultural Relativism : An international NGO must decide whether to intervene in local practices that violate human rights.
• Public Health vs. Individual Rights : Health officials must decide whether to impose quarantines to prevent disease spread, infringing on individual freedoms.

Real Life Examples of Ethical Dilemmas

• End-of-Life Care: A doctor might face an ethical dilemma when deciding whether to continue life-sustaining treatment for a terminally ill patient who is suffering and has little chance of recovery.
• Allocation of Resources: During a health crisis, such as a pandemic, healthcare professionals may need to decide who receives limited resources like ventilators or ICU beds.
• Whistleblowing: An employee discovers their company is engaging in illegal or unethical practices. They must decide whether to report it, potentially risking their job and personal well-being, or stay silent.
• Fair Labor Practices: A company must choose between outsourcing production to a country with cheaper labor but poor working conditions and keeping production local but at a higher cost.
• Defending the Guilty: A defense attorney knows their client is guilty but must still provide the best possible defense, as everyone has a right to legal representation.
• Sentencing: A judge must decide between a lenient sentence that might help rehabilitate a young offender and a harsher one that could serve as a deterrent to others.
• Development vs. Conservation: A community must decide whether to allow a new development project that could bring economic benefits but would harm the local environment and wildlife.
• Pollution: A company must choose between cheaper manufacturing processes that pollute the environment and more expensive, environmentally friendly options.
• Loyalty vs. Honesty: A friend discovers another friend’s spouse is cheating. They must decide whether to tell their friend, which could cause pain, or keep the secret to avoid hurting them.
• Family Obligations: An individual must choose between pursuing a career opportunity in another city or staying close to home to care for an aging parent.
• Data Privacy: A tech company must decide whether to sell user data to advertisers to generate revenue or protect users’ privacy at the expense of potential profits.
• AI and Automation: A company must choose between adopting automation, which could increase efficiency but lead to significant job losses, or maintaining current employment levels.
• Standardized Testing: An educator might face the dilemma of teaching to the test to ensure high scores, which can benefit the school and students’ futures, or providing a more well-rounded education that might not directly improve test scores.
• Grading Fairness: A teacher must decide whether to give a struggling student a passing grade out of sympathy or hold them to the same standards as other students.

Ethical Dilemma Examples for Students

• You studied hard for a math test, but your best friend, who didn’t study, asks to copy your answers during the test. Do you help them or not?
• You find a wallet with $50 on the school playground. Inside the wallet, there is also a student ID card. Do you keep the money or try to return it to the owner?
• You have a big project due tomorrow and you haven’t started it. You find a perfect essay online. Do you submit it as your own work?
• You see a popular student at your school posting mean comments about another student on social media. Do you report it, confront the bully, or ignore it?
• Your friend tells you that they are going to cheat on a major exam. If you tell a teacher, your friend might get into serious trouble. If you don’t, your friend’s actions could unfairly impact others. What do you do?
• Your friends pressure you to skip class and hang out at a local park. If you don’t go, they might stop inviting you to hang out with them. Do you go with them or attend your classes?
• At a party, someone offers you alcohol or drugs. You know it’s illegal and dangerous, but you don’t want to seem uncool. How do you handle the situation?
• You accidentally discover the password to a classmate’s social media account. Do you log in and snoop around, change the password to lock them out, or tell them about it?
• You notice that the school cafeteria uses a lot of single-use plastics. Do you organize a campaign to encourage more sustainable practices, or do you stay silent?
• In a group project, one member isn’t contributing at all, but they expect to get the same grade as everyone else. Do you talk to the teacher about it or let it slide?
• Your friend did something against school rules and the principal is investigating. Your friend asks you to lie to cover for them. Do you lie or tell the truth?
• Your group of friends decides to exclude a classmate who wants to join your lunch table. Do you stand up for the excluded student or go along with your friends?
• A friend confides in you about a personal problem, but you think they might need professional help. Do you keep their secret or tell an adult who can help?
• You have a big sports game on the same day as a family event. Your coach expects you to play, but your parents want you at the family event. How do you decide where to go?
• In a class discussion, a student expresses an opinion that you strongly disagree with. Do you challenge their opinion respectfully, ignore it, or get into an argument?

Ethical dilemma in business

An ethical dilemma in business occurs when a company or individual faces a situation where there are conflicting moral principles or ethical obligations, making it difficult to determine the right course of action. These dilemmas often involve decisions that can impact stakeholders such as employees, customers, shareholders, and the community. The challenge lies in balancing profitability and competitiveness with ethical considerations such as fairness, transparency, and social responsibility.

Examples of Ethical dilemma in business

Employee Privacy vs. Employer’s Right to Monitor

• Scenario : A company wants to monitor employees’ computer usage to ensure productivity and prevent misuse of company resources. However, employees feel this invades their privacy.
• Dilemma : Balancing the need for security and productivity with respecting employee privacy.

2. Product Safety vs. Profit

• Scenario : A company discovers that a product has a minor defect that could potentially harm a small percentage of users. The cost of recalling and fixing the product is substantial.
• Dilemma : Choosing between prioritizing customer safety and incurring significant financial losses.

3. Environmental Responsibility vs. Economic Gain

• Scenario : A manufacturing company can save costs by disposing of waste in a less environmentally friendly manner.
• Dilemma : Deciding between higher profits and committing to environmentally sustainable practices.

4. Transparency vs. Competitive Advantage

• Scenario : A company has developed a groundbreaking technology but keeping the details secret could give it a significant market advantage.
• Dilemma : Choosing between being transparent about practices and protecting competitive interests.

5. Fair Trade vs. Low Costs

• Scenario : Sourcing materials from suppliers that exploit cheap labor but keep costs low versus using fair trade suppliers that are more expensive.
• Dilemma : Balancing cost management with ethical sourcing practices.

6. Conflict of Interest

• Scenario : An executive has a significant financial interest in a supplier company that the business is considering for a major contract.
• Dilemma : Ensuring unbiased decision-making while managing personal financial interests.

7. Whistleblowing

• Scenario : An employee discovers that their company is engaging in illegal or unethical practices. Reporting this could lead to personal repercussions and harm the company’s reputation.
• Dilemma : Balancing the moral obligation to expose wrongdoing with the potential personal and professional risks.

8. Pricing Strategies

• Scenario : A pharmaceutical company has a life-saving drug and is debating how much to charge for it. Higher prices could make the drug unaffordable for many, but lower prices could limit the company’s ability to fund future research.
• Dilemma : Setting prices that balance profitability and accessibility.

9. Cultural Sensitivity vs. Market Expansion

• Scenario : A company wants to expand into a new international market but faces cultural practices that conflict with its ethical standards.
• Dilemma : Deciding whether to adapt to local customs that may be ethically questionable or maintaining company values, potentially losing business.

10. Advertising Ethics

• Scenario : A company considers using exaggerated claims in advertising to boost sales.
• Dilemma : Weighing the benefits of increased sales against the potential for misleading consumers and damaging trust.

Ethical Dilemma Examples in the Workplace

• You are involved in hiring a new team member, and one of the applicants is a close friend. Do you disclose this relationship and step back from the decision-making process, or do you keep it to yourself?
• You discover that your company is engaging in illegal activities, such as falsifying financial records. Do you report this to the authorities, risking your job, or stay silent to protect your position?
• Your manager shows obvious favoritism towards a colleague, giving them the best projects and promotions. Do you confront your manager, talk to HR, or accept the situation?
• You have limited resources and must decide between two projects: one that benefits the company’s profits and another that benefits employee welfare. Which do you prioritize?
• You make a mistake on a project that could have significant negative consequences. Do you own up to the mistake immediately or try to fix it quietly without informing anyone?
• You have an idea that could greatly benefit your company, but it wasn’t developed during work hours. Do you present it to your employer or keep it for a personal venture?
• You find out that a colleague is going through a personal crisis, which is affecting their performance. Do you inform your manager to explain the performance issues, or respect your colleague’s privacy?
• A vendor offers you an expensive gift during the holiday season. Accepting it could be seen as a bribe. Do you accept the gift, decline it, or report it?
• You have access to personal data of clients that could be useful for a side project you’re working on. Do you use the data, risking privacy breaches, or refrain from using it?
• You witness a colleague being harassed by another employee. Do you intervene directly, report it to HR, or stay out of it?
• A colleague frequently leaves work early or takes extended breaks without adjusting their timesheets. Do you report this behavior, confront them, or ignore it?
• You notice that your company’s hiring practices seem to overlook qualified candidates from diverse backgrounds. Do you bring this up with HR or assume it’s not your place?
• You notice a colleague frequently making errors that could jeopardize a project. Do you report their mistakes to a supervisor, discuss it with them first, or let it go?
• Your company is offered a lucrative contract from a client with a questionable reputation regarding environmental practices. Do you advise against taking the contract or go along with the company’s decision?
• You’re responsible for conducting performance reviews. A friend at work is underperforming. Do you give an honest review that could harm their career or a favorable one to maintain your friendship?

Ethical Dilemma in Nursing and healthcare

An ethical dilemma in nursing and healthcare arises when a healthcare professional encounters a situation where there are conflicting moral principles or ethical obligations, making it difficult to determine the right course of action. These dilemmas often involve situations where there is no clear right or wrong answer, and the decision can have significant consequences for patients, families, and healthcare providers.

Examples of Ethical Dilemmas in Nursing and Healthcare

• End-of-Life Care: A nurse must decide whether to honor a patient’s DNR order despite the family’s insistence on resuscitation.
• Informed Consent: A patient refuses a life-saving treatment, and the nurse must balance respecting the patient’s autonomy with the duty to advocate for their health.
• Resource Allocation: During a pandemic, nurses must decide which patients receive limited life-saving treatments like ventilators.
• Patient Privacy vs. Public Safety: A nurse must choose between maintaining patient confidentiality and informing public health authorities about a contagious disease.
• Mandatory Reporting: A nurse suspects child abuse but lacks concrete evidence and must decide whether to report it based on suspicion alone.
• Cultural Sensitivity: A nurse must respect a patient’s cultural beliefs that conflict with recommended medical treatments.
• Confidentiality vs. Family Involvement: A nurse must decide whether to share sensitive patient information with family members who are desperate for details.
• Pain Management: A nurse must decide whether to administer additional pain medication to a patient in severe pain despite potential addiction concerns.
• Vaccination Refusal: A nurse faces a dilemma when parents refuse to vaccinate their child, balancing respect for parental rights with public health concerns.
• Experimental Treatment: A nurse must decide whether to support a patient’s wish to try an unapproved experimental treatment.
• Healthcare Access: A nurse must decide how to provide the best care to uninsured patients with limited resources.
• Professional Boundaries: A nurse develops a close relationship with a patient and must navigate maintaining professional boundaries.
• Moral Distress: A nurse feels morally distressed when forced to participate in procedures that conflict with personal ethical beliefs.
• Conflict of Interest: A nurse must decide whether to recommend a particular treatment when aware of a potential financial benefit to the healthcare facility.
• Whistleblowing: A nurse discovers unethical practices in the workplace and must decide whether to report them, risking job security.

How to Solve Ethical Dilemma

Identify the problem.

• Clearly define the ethical issue.
• Determine who is affected by the dilemma.

2. Gather Information

• Collect all relevant facts.
• Understand the context and background of the dilemma.
• Identify the stakeholders involved.

3. Consider the Principles

• Reflect on ethical principles such as honesty, fairness, justice, and respect for others.
• Consider relevant laws and professional guidelines.

4. Evaluate the Options

• Generate a list of possible actions.
• Assess each option by considering the potential consequences for all stakeholders.
• Think about the long-term vs. short-term impact.

5. Seek Advice

• Consult with trusted colleagues, mentors, or ethical committees.
• Seek diverse perspectives to avoid personal bias.

6. Make a Decision

• Choose the option that aligns best with ethical principles and has the most favorable balance of outcomes.
• Ensure the decision is practical and feasible.

7. Implement the Decision

• Put the chosen course of action into practice.
• Communicate the decision clearly to all affected parties.

8. Reflect and Review

• After implementation, review the outcomes of the decision.
• Reflect on what was learned and how the process can be improved for future dilemmas.

Types of Ethical Dilemma

Here are some common types of ethical dilemmas

• Description : This occurs when a person or organization has multiple interests, and serving one interest might work against another. For example, a doctor who owns a stake in a pharmaceutical company might face a conflict between prescribing the best medication for a patient and promoting the company’s drugs.
• Example : A financial advisor who receives a commission for selling certain investment products may face a dilemma between recommending the best option for the client and promoting the product that earns them the highest commission.
• Description : This dilemma involves a conflict between telling the truth and being loyal to a person or organization. For instance, an employee might know about unethical practices in their company but feel loyal to their employer or colleagues.
• Example : An employee discovers that their close friend and coworker is falsifying expense reports. Reporting the friend would be truthful but could damage their relationship.
• Description : This type of dilemma arises when the needs or rights of an individual conflict with the needs or rights of a larger group. For example, quarantine measures during a pandemic protect public health but restrict individual freedoms.
• Example : A public health official must decide whether to disclose the identity of a person with a contagious disease to protect the community, potentially violating the individual’s privacy.
• Description : This dilemma involves making a choice between immediate benefits and long-term consequences. For instance, using non-renewable resources might provide short-term economic benefits but have negative long-term environmental impacts.
• Example : A company considers cutting costs by reducing its environmental safeguards, which would boost short-term profits but could lead to long-term environmental damage.
• Description : This dilemma occurs when there is a conflict between fairness and compassion. For example, a judge might face a decision between enforcing a strict punishment (justice) and showing leniency due to extenuating circumstances (mercy).
• Example : A manager must decide whether to terminate an underperforming employee who is struggling due to personal issues, balancing the need for workplace efficiency with compassion for the employee’s situation.
• Description : This dilemma arises when professional duties conflict with personal values or ethics. For example, a lawyer might have to defend a client they personally believe is guilty.
• Example : A journalist is assigned to cover a story that conflicts with their personal beliefs or values, challenging their professional responsibility to remain unbiased.
• Description : This type of dilemma involves balancing the right to privacy with the need for safety and security. For instance, surveillance measures can enhance security but may infringe on individuals’ privacy rights.
• Example : A government considers implementing widespread surveillance to prevent terrorist attacks, raising concerns about citizens’ privacy.
• Description : This dilemma arises when there is a conflict between respecting an individual’s autonomy and making decisions for their own good (paternalism). For instance, a doctor might face a decision between respecting a patient’s refusal of treatment and intervening to save their life.
• Example : A parent must decide whether to allow their teenager to make their own choices about school and career, respecting their autonomy, or to intervene to guide them toward what the parent believes is best.

How to Act and Answer an Ethical Dilemma in One’s Life

Ethical dilemmas sometimes appear in one’s life and cause the receiver to experience large amounts of stress the ethical dilemma creates. Not only that but the person will be at risk of cognitive dissonance when a person solves an ethical dilemma, which is highly dependent on the outcome conflicting with the person’s objectives , goals , ethics , and core values . If you want to learn more and understand various ethical dilemmas, you may use the various ethical dilemma examples in nursing, ethical dilemma examples in learning, and more on the links above.

Step 1: Analyze the Situation

Begin by analyzing the ethical dilemma. This means that you must try to deconstruct the dilemma you are in and take into account the various elements in play. You must determine if the dilemma is an ethical dilemma or a moral dilemma, as these have various observable connotations.

Step 2: List Out the Benefits and Consequences of Each Choice

If you have the time, you should try and list out the benefits and consequences each choice brings into play. This will help bring into perspective what each choice can bring to the table.

Step 3: Try to Create or Generate More Alternatives

If possible, you can brainstorm or conduct an introspective to try and generate or create more choices to answer the ethical dilemma. There might be possible alternatives that might not present themselves unless one thinks deeply about them.

Step 4a: Use the Value-Centered Approach

One of the best ways to answer an ethical dilemma is through the value-centered approach. This approach focuses more on the choice that creates the most value or benefits for the person making the said choice.

Step 4b: Choose the Choice that Brings the Least Amount of Consequences

Another way to answer an ethical dilemma is by choosing a choice that will bring the least amount of consequences to the people involved and affected by the ethical dilemma. This will require the person to weigh the benefits or consequences incurred by the choices.

Existence of ethical dilemmas

Ethical dilemmas are situations in which there is a conflict between two or more moral principles, making it challenging to decide on the right course of action. These dilemmas often arise in various aspects of life, including personal decisions, professional conduct, and societal issues. Here are a few examples illustrating the existence of ethical dilemmas:

• Medical Decisions : Healthcare professionals often face ethical dilemmas when deciding between treatments that might save a life but cause significant suffering, or when resources are limited and they must choose which patient to prioritize.
• Business Practices : Companies might encounter ethical dilemmas when balancing profit with social responsibility. For example, a business may need to decide whether to cut costs by outsourcing labor to countries with lower wages and poorer working conditions.
• Legal and Criminal Justice : Lawyers and judges may face ethical dilemmas in cases where the law conflicts with personal moral beliefs or when defending a client they know to be guilty.
• Environmental Issues : Ethical dilemmas arise when considering the trade-off between economic development and environmental conservation, such as deciding whether to support industries that provide jobs but also cause pollution.
• Personal Relationships : Individuals might encounter ethical dilemmas in their personal lives, such as choosing between telling the truth and sparing someone’s feelings or deciding whether to intervene in a friend’s harmful behavior.

What is an ethical dilemma?

An ethical dilemma is a situation where a person must choose between conflicting moral principles, making it challenging to determine the right course of action.

Why are ethical dilemmas significant?

Ethical dilemmas highlight the complexity of moral decision-making, helping individuals and organizations reflect on their values and responsibilities.

How do you resolve an ethical dilemma?

Resolving an ethical dilemma involves evaluating the consequences, considering ethical principles, and seeking advice from trusted sources.

Can ethical dilemmas be avoided?

Ethical dilemmas are often unavoidable but can be managed with clear guidelines, ethical training, and a strong moral framework.

What are common examples of ethical dilemmas?

How do ethical dilemmas impact businesses.

Ethical dilemmas can affect a business’s reputation, legal standing, and employee morale, highlighting the importance of ethical decision-making in corporate governance.

What role do personal values play in ethical dilemmas?

Personal values significantly influence how individuals perceive and resolve ethical dilemmas, shaping their ethical judgments and actions.

How do cultural differences influence ethical dilemmas?

Cultural differences can lead to varying interpretations of what constitutes an ethical dilemma, impacting decision-making processes in diverse environments.

Are there tools to help navigate ethical dilemmas?

Yes, tools like ethical frameworks, decision-making models, and professional guidelines can assist in navigating ethical dilemmas.

Why is it important to discuss ethical dilemmas?

Discussing ethical dilemmas fosters critical thinking, promotes ethical awareness, and prepares individuals to handle complex moral issues effectively.

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Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 1 of 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION UNITED STATES OF AMERICA, Case No. 23-80101-CR CANNON/REINHART VS. DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA, Defendants. PRESIDENT TRUMP'S MOTION FOR RELIEF RELATING TO THE MAR-A-LAGO RAID AND UNLAWFUL PIERCING OF ATTORNEY-CLIENT PRIVILEGE

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 2 of 28 TABLE OF CONTENTS INTRODUCTION DISCUSSION I. The Mar-a-Lago Raid Violated President Trump's Constitutional Rights A. Relevant Facts 1. The Decision To Raid Mar-a-Lago........ 2. The Warrant Application 3. The General Warrant... 4. The Illegal Raid....... 1. B. Applicable Law....... Misrepresentations In Search Warrant Affidavits...... 2. The Fourth Amendment Particularity Requirement C. Discussion... 1. A Franks Hearing Is Warranted... 2. The Warrant Lacked Particularity.... 1 1 1 2 3 4 5 5 5 6 6 9 3. The Mar-a-Lago Raid Was Executed In An Egregious Fashion And In Bad Faith 12 II. The Special Counsel's Office Violated President Trump's Attorney-Client Privilege....13 A. Relevant Facts 1. The May 10, 2022, Subpoena To President Trump's Office... 2. The May 23, 2022, Meeting At Mar-a-Lago 3. The June 2 and 3, 2022, Meetings At Mar-a-Lago 4. The Trump Organization Subpoena…....... 5. The Per. 18 And Subpoenas... 6. The Motion To Compel. 14 14 14 14 15 15 16 7. The Compelled Testimony.. 17 B. Applicable Law........ 17 1. Attorney-Client Privilege And Work Product. 17 2. The Crime-Fraud Exception 18 C. Discussion 19 1. The Special Counsel's Office Failed To Make A Prima Facie Showing............... 19 2. The Communications Did Not Further Any Crimes. 21 3. The Compelled Waiver Was Overly Broad 22 4. The Court Misapplied The Opinion Work Product Doctrine CONCLUSION. 23 .25 i

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 3 of 28 INTRODUCTION President Donald J. Trump respectfully submits this motion to suppress evidence seized during the unconstitutional raid of Mar-a-Lago and evidence obtained from the subsequent unlawful violation of President Trump's attorney-client privilege by the Special Counsel's Office, and to dismiss the Superseding Indictment based on prejudice arising from the privilege violation.¹ I. DISCUSSION The Mar-a-Lago Raid Violated President Trump's Constitutional Rights On August 8, 2022, armed FBI agents stormed the private residence of a former president of the United States. What was unthinkable with respect to President Clinton's recordings, and deemed unwarranted with respect to Hillary Clinton's destruction of evidence, was determined to be appropriate by the Biden Administration for President Biden's chief political rival. Personally authorized by Attorney General Garland, and supported over FBI objections by DOJ leadership who did not “give a damn about the optics” of these unprecedented steps, the raid of Mar-a-Lago was unconstitutional. Compel Mot. Ex. 35 at USA-00940276.2 A. Relevant Facts 1. The Decision To Raid Mar-a-Lago In August 2022, the FBI did not believe that it was necessary to raid Mar-a-Lago. See Ex. 1 at USA-00940268. In an August 1 internal FBI email, Special Agent FBI 19 wrote that “DOJ/FBI would respectfully request Former President Trump's cooperation via Mr. " Per. 18 ' via a “Consensual Search." Id. According to Steven D'Antuono, who was the Assistant 1 President Trump reserves the right to supplement this motion and file any other motions based on discovery provided as a result of the motions to compel. See ECF No. 314. 2 "Compel Mot." refers to the Defendants' motions to compel discovery. ECF No. 262. "Compel Oppn." refers to the Special Counsel's Office's response to the Defendants' motions to compel discovery. ECF No. 277. 1

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 4 of 28 Director in Charge of the FBI's Washington Field Office at the time, the FBI's preference in “dealing with cases like this" was to seek consent from Per. 18 D'Antuono Interview at 23.3 D'Antuono "firmly believed" that "the best scenario would have been consent," for "the FBI, for former President Trump, and for the country." Id. D'Antuono took that position in “emails” that were "written back and forth" but have not been produced. Id.; see also id. at 24 (D'Antuono confirming that he “put in a communication that [he] had some concerns about not doing the normal protocol of . . . attorneys working together"). DOJ and the FBI appear to have debated this issue during, for example, an August 1, 2022, meeting at "FBIHQ” regarding “Search Warrant Discussion." Compel Mot. Ex. 34. On August 3, Deputy Assistant Attorney General George Toscas and Jay Bratt participated in a follow-up call with agents from the FBI's Washington Field Office regarding the warrant. See Compel Mot. Ex. 35 at USA-00940276. According to an email regarding the call, Toscas stated “that 'he frankly doesn't give a damn about the optics"" of the unprecedented raid, and the group discussed how "Bratt already has built an antagonistic relationship with FPOTUS's attorney...." Id. Ultimately, Attorney General Garland “personally” approved the raid. 4 2. The Warrant Application submitted an application for a search On August 5, 2022, Special Agent FBI 21A warrant in this District that targeted Mar-a-Lago. Ex. 2. The affidavit in support of the warrant claimed inaccurately that the “investigation began" as a result of a referral from NARA on 3 H. Comm. on the Judiciary, Interview of: Steven D'Antuono (June 7, 2023) (the “D'Antuono Interview”), available at https://shorturl.at/adovL. 4 U.S. Dep't of Justice, Attorney General Merrick Garland Delivers Remarks (Aug. 11, 2022), https://www.justice.gov/opa/speech/attorney-general-merrick-garland-delivers-remarks. 2

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 5 of 28 February 9, 2022, and that the FBI “opened a criminal investigation” only “[a]fter initial review of the NARA Referral.”" Id. at USA-00043152; see also id. at USA-00043158-59. Special Agent FBI 21A affidavit specified the following locations at Mar-a-Lago, only, where witnesses had claimed boxes were stored: "[T]he White and Gold Ballroom within Mar-a-Lago,” id. USA-00043162 | 30; "[A] ground floor storage room,” i.e., the “Storage Room,” e.g., id. USA-00043164 34; "[A] room... that leads to the [Storage Room]” (the “Anteroom"), e.g., id. at USA- 0004317565; "[T]he entryway of [President Trump's] personal residential suite,” e.g., id. USA- 0004316539; "Pine Hall, the anteroom to [President Trump's] personal residential suite,” id. USA-00043165 at n.1; and "The '45 Office,' an office space used by [President Trump] at [Mar-a-Lago],” id. USA-00043178 ¶ 71. 3. The General Warrant Attachment A to the warrant sought, and obtained, by Special Agent FBI 21A described the "Property to be search” as the entirety of Mar-a-Lago: “a mansion with approximately 58 bedrooms, 33 bathrooms, on a 17-acre estate,” including “the $45 Office,' all storage rooms, and all other rooms or areas within the premises . . . in which boxes or documents could be stored, including all structures or buildings on the estate.” Ex. 2 at USA-00043188. The definition of the area to be searched purported to exclude “areas currently (i.e., at the time of the search) being occupied, rented, or used by third parties (such as Mar-a-Largo [sic] members) and not otherwise used or available to be used by [President Trump] and his staff, such as private guest suites.” Id. 3

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 6 of 28 Attachment B to the warrant authorized the seizure of “all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071, or 1519,” “including": "[A]ny containers/boxes (including any other contents)" in which documents "with classification markings” were “located,” stored or found together"; “Information . . . regarding the retrieval, storage, or transmission of national defense information. "; and "Any government and/or Presidential Records created between January 20, 2017, and January 20, 2021." Ex. 2 at USA-00043189. 4. The Illegal Raid According to an "Operations Order" produced in discovery, the FBI believed its objective for the Mar-a-Lago raid was to seize “classified information, NDI, and US Government records as described in [the] search warrant." Ex. 3 at USA-01285174. The Order contained a "Policy Statement" regarding “Use Of Deadly Force," which stated, for example, “Law enforcement officers of the Department of Justice may use deadly force when necessary ..: ." Id. at USA- 01285183. The agents planned to bring “Standard Issue Weapon[s],” “Ammo,” “Handcuffs," and "medium and large sized bolt cutters," but they were instructed to wear “unmarked polo or collared shirts" and to keep “law enforcement equipment concealed.” Id. at USA-01285184. The FBI commenced the raid at approximately 9:00 a.m. on August 8, 2022. Ex. 4 at USA- 00940244. The agents did not leave Mar-a-Lago until approximately 6:40 p.m. that evening. Id. at USA-00940245. The roving and highly inappropriate search covered, for example, a “gym," "kitchen" the "Former First Lady Master Bedroom Suite" and the “Child's bedroom suite" used by President Trump's son. Ex. 5 at USA-01285293-300. The only places in which the agents allegedly found purported classified documents were the Storage Room, the 45 Office, and rooms 4

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 7 of 28 adjacent to the 45 Office. Ex. 4 at USA-00940245. From those areas, the agents seized approximately 45 items they considered to be "pieces of evidence, comprised of boxes and sets of miscellaneous documents." Id. B. Applicable Law 1. Misrepresentations In Search Warrant Affidavits “To be entitled to a Franks hearing, a defendant must make a ‘substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary 999 to a finding of probable cause. United States v. Sarras, 575 F.3d 1191, 1218 (11th Cir. 2009) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)). “Looking only at the remaining portions of the affidavit, the court will then determine whether including the omitted facts would have prevented a finding of probable cause.” United States v. Kapordelis, 569 F.3d 1291, 1309 (11th Cir. 2009). 2. The Fourth Amendment Particularity Requirement "The Fourth Amendment's particularity requirement sought to remedy the evils of the ‘general warrant,' which permitted officers' exploratory rummaging in colonial America.” United States v. McCall, 84 F.4th 1317, 1327 (11th Cir. 2023). Thus, “searches deemed necessary should be as limited as possible." Coolidge v. New Hampshire, 403 U.S. 443, 467 (1971). "As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.” Berger v. New York, 388 U.S. 41, 58 (1967) (cleaned up). “[A] description of property [to be seized] will be acceptable if it is as specific as the circumstances and nature of activity under investigation permit." United States v. Wuagneux, 683 F.2d 1343, 1349 (11th Cir. 1982). 5

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 8 of 28 C. Discussion FBI 21A misled the magistrate judge to The Mar-a-Lago raid was unconstitutional. Agent obtain the warrant, and the warrant lacked the particularity required by the Fourth Amendment. The good-faith exception is unavailable because of the egregious manner in which the search was executed. Therefore, the Court should resolve any disputed factual issues through Franks and suppression hearings, and suppress the fruits of the search. 1. A Franks Hearing Is Warranted A Franks hearing is necessary because Agent FBI 21A intentionally or recklessly misled the issuing magistrate concerning at least four issues. First, Agent FBI 21A failed to disclose that the FBI had taken the position in writing, apparently that it was not necessary to execute a search warrant at Mar-a-Lago. The FBI's assessment conflicted with Agent FBI 21A sworn assertion that the warrant application needed to be sealed because “disclosure . . . may have a significant and negative impact on the continuing investigation and may severely jeopardize its effectiveness....” Ex. 2 at USA-00043181. To the contrary, ADIC D'Antuono, who was Agent FBI 21A boss at the time, believed it was appropriate to seek consent for the search from President Trump's attorney, Per. 18 D'Antuono's preference was consistent with DOJ's handling of the investigation of Hillary Clinton where, despite the evidence of extensive evidence deletion, “the prosecutors sought to obtain digital and documentary evidence by consent whenever possible.” Horowitz OIG Report at 81.5 Second, Agent FBI 21A failed to disclose that presidents are not required to obtain clearances and that sensitive briefings including classified information had been provided to President Trump 5 Office of the Inspector General, U.S. Department of Justice, A Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance OF THE 2016 ELECTION (June 2018) "Horowitz (the https://www.justice.gov/file/1071991/download. OIG Report"), available at 6

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 9 of 28 at Mar-a-Lago and other residences before and during his presidency. See Compel Oppn. at 49 n.25 (“Presidents are not required to obtain security clearances before accessing classified information. . . ."); Compel Mot. at 42-43 (discussing evidence of sensitive briefings provided to President Trump). The omissions took on added significance in light of Agent FBI 21A, 's assertion that classified information could only be possessed by individuals with a security clearance, and his decision to quote an email from Bratt claiming, falsely, that Mar-a-Lago was not “secure.” Ex. 2 at USA-00043156 ¶ 17, USA-00043173 ¶ 61. Third, Agent FBI 21A suggested that the FBI had only initiated its investigation after the sham referral from NARA-OIG on February 9, 2022. This misrepresentation is consistent with the Superseding Indictment, which alleges that the FBI “opened a criminal investigation" on March 30, 2022. ECF No. 85 ¶ 51. In fact, the FBI was working with DOJ before NARA-OIG sent the referral email. See Ex. 6; see also Compel Mot. Ex. 18 at USA-00309423 (Keller informing NARA-OIG on February 10 "that the Counterintelligence Division of FBI is also assessing these allegations”). Fourth, Agent FBI 21A included in the affidavit the definition of "Presidential Records" from the Presidential Records Act ("PRA") but omitted the definition of “personal records,” 44 U.S.C. § 2201(3), and the caselaw conferring on President Trump alone the discretion to designate documents as Personal Records, e.g., Judicial Watch, 845 F. Supp. 2d at 300-01. See Ex. 2 at USA-00043158-59 ¶¶ 22, 24. The omission of these legal authorities is significant in light of 's decision to include caselaw regarding the NDI Element. See id. at USA-00043173 n.2. Collectively, these omissions misled the magistrate judge regarding the investigation's lack of legal and factual integrity. Agent also improperly suggested exigencies relating to FBI 21A, FBI 21A "allowing criminal parties an opportunity to flee” or “destroy evidence," when in fact the FBI 7

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 10 of 28 believed that the objective of the search could have been accomplished through a call to Per. 18. Ex. 2 at USA-00043181. Even during these proceedings, the Special Counsel's Office has argued falsely that it had “no choice but to seek a search warrant.” Compel Oppn. at 13. The intentional and improper nature of this omission is further supported by Toscas' previously private declaration, as a DOJ supervisor, that he did not “give a damn about the optics" of the raid. Compel Mot. Ex. 35. FBI 21A The allegations in the affidavit concerning evidence of President Trump's intent would have been undercut substantially had Agent disclosed that President Trump had never been required to obtain a clearance but had been provided classified briefings in his residences. Equally important, Agent FBI 21A hid from the magistrate that (1) NARA had been improperly coordinating with DOJ and the Biden Administration dating back to at least September 2021, see, e.g., Compel Mot. Ex. 5 at USA-00383606, (2) NARA lacked authority to demand the 15 Boxes from President Trump under Judicial Watch and related authority, and (3) NARA-OIG's referral was therefore improper. Misrepresentations are "assume[d]" to be “deliberate or reckless" where "it is unclear how [the agent] could have made such statements of an affirmative character for which there was no basis." United States v. Novaton, 271 F.3d 968, 987 (11th Cir. 2001). Information concerning the 15 Boxes constituted a large proportion of the allegations relied upon by Agent E.g., Ex. would not have been able to establish probable cause 2 at ¶¶ 1, 3, 38-50, 70, 73, 78. Agent FBI 21A FBI 21A if he had made complete disclosures concerning the foregoing matters, particularly in light of the staleness problems that were apparent on the face of the affidavit. See United States v. Martin, 8

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 11 of 28 6 297 F.3d 1308, 1314 (11th Cir. 2002) (“The information in the affidavit must also be fresh."). As a result, President Trump has made the required “substantial showing” that a Franks hearing is necessary to facilitate fact-finding regarding the motive behind the material omissions and their impact on the warrant application. 2. The Warrant Lacked Particularity The warrant at issue lacked the particularity required by the Fourth Amendment. Mar-a-Lago is an enormous property, and Agent FBI 21A did not establish a basis for rummaging through the majority of its rooms. In the affidavit, Agent FBI 21A described the property as a “17-acre estate,” which includes a “mansion with approximately 58 bedrooms” and “33 bathrooms." Ex. 2 at USA-00043188. However, Agent FBI 21A presented allegations of boxes in only six discrete locations at Mar-a-Lago: the 45 Office, President Trump's residential suite, the Storage Room, the Anteroom, Pine Hall, and the White and Gold Ballroom. By its terms, the warrant conferred extraordinary and improper discretion on FBI agents to seize essentially every document at Mar-a-Lago. The warrant authorized agents to use their judgment to seize “[a]ll" evidence relating to alleged "violation[s]" of 18 U.S.C. §§ 793, 2071, or 1519. Ex. 2 at USA-00043189. The warrant provided an illustrative list of the types of documents that were "includ[ed]" within its scope, but the list did not limit the agents' ability to seize anything that caught their eye within the 17 acres. See United States v. Leary, 846 F.2d 592, 601, 603 (10th Cir. 1988) (reasoning that “a series of decisions from other circuits have held that reference to a 6 See Ex. 271 (“ " has not observed documents at [Mar-a-Lago] with classification markings” after June 3, 2022); id. ¶ 75 (“ ' informed the FBI that he/she “did not recall observing boxes" in the vicinity of President Trump's personal suite, which is adjacent to the First Lady's personal suite, on June 26, 2022); id. ¶ 76 ( informed the FBI that he/she is regularly in the residential suite at [Mar-a-Lago], and that as recently as July 28, 2022, did not observe any Bankers boxes or boxes of documents currently in the residential suite or the Pine Hall anteroom to the residential suite.”). 9

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 12 of 28 broad federal statute is not a sufficient limitation on a search warrant,” and a “list of business records to be seized” did not “provide any meaningful limitation”). information FBI 21A Three items from the warrant's list of examples were especially problematic. The warrant referred to “information . . . regarding the retrieval, storage, or transmission of national defense .” Ex. 2 at USA-00043189 ¶ (b). As discussed in connection with President Trump's vagueness challenge to § 793(e), this extremely broad term has posed interpretive problems to courts and jurors for more than 100 years. Acknowledging this issue, Agent included in the affidavit caselaw with judicial interpretations of the term. Id. at USA-00043173 n.2. However, whatever assistance those citations may have provided to the magistrate—and in this prosecution, the cases cited provide no meaningful assistance—the citations were not included in the warrant. See United States v. Travers, 1998 WL 36030672, at *4 (S.D. Fla. 1998) (“[T]he particularity of an affidavit may cure an overbroad warrant only if the affidavit is attached to the warrant and if the warrant specifically references the affidavit."). Because agents participating in the search reviewed the warrant but not the affidavit, Agent" 's citations did not mitigate the particularity issue relating to the phrase “national defense information." See Ex. 3 at USA- 01285182. FBI 21A, The warrant also authorized agents to seize documents they believed to be “government and/or Presidential Records." Ex. 2 at USA-00043189 ¶ (c). Neither the affidavit nor the warrant articulates a basis for seizing “government” records, and the warrant provided no guidance regarding the scope of that term. Similarly, the affidavit included the PRA's definition of Presidential Records, but the warrant did not. Even if the PRA definition had been included, the citation in the affidavit to 44 U.S.C. § 2201(2) elided the factual and legal complexities concerning, 10

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 13 of 28 inter alia, President Trump's virtually unreviewable discretion to designate records as personal— as discussed in President Trump's motion to dismiss pursuant to the PRA. Finally, in addition to the impermissible discretion conferred on seizing agents to apply vague terms such as “national defense information,” “government” records, and “Presidential Records," the warrant authorized the seizure of “any containers/boxes (including any other contents” that included “physical documents with classification markings,” “as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes." Ex. 2 at USA-00043189 ¶ (a). Based on this subparagraph, the agents were essentially authorized to seize all "containers/boxes" at Mar-a-Lago, so long as there was a plausible claim that the “container/box” was “stored or found together” with another "container/box" that contained a marked-classified document. Id. Read together, the limitless nature of the warrant's introductory language concerning "all" evidence of specified crimes, the limitless nature of certain terms on the illustrative list in the warrant's subparagraphs, and the authorizations relating to "containers/boxes,” fail to meet the Fourth Amendment's particularity requirements. The warrant was “framed to allow seizure of most every sort of book or paper at the described premises. . . ." Application of Lafayette Acad., Inc., 610 F.2d 1, 3 (1st Cir. 1979); cf. McCall, 84 F.4th at 1328 (finding particularity problem with warrant that “allowed a search of all the conceivable data on the account without any meaningful limitation"); United States v. Blake, 868 F.3d 960, 974 (11th Cir. 2017) (same). The Special Counsel's Office cannot “articulate any explanation, let alone a persuasive explanation, as to why the warrant did not contain more precise descriptions of the documents and other items to be seized.” Travers, 1998 WL 36030672, at *5. 11

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 14 of 28 Accordingly, suppression is required because the warrant did not meet the particularity requirement. 3. The Mar-a-Lago Raid Was Executed In An Egregious Fashion And In Bad Faith The Special Counsel's Office cannot save this search by reliance on the good-faith exception under United States v. Leon, 468 U.S. 897 (1984). See United States v. Travers, 233 F.3d 1327, 1330 (11th Cir. 2000) ("The officers do not act in objective good faith, however, if the warrant is so overly broad on its face that the executing officers could not reasonably have presumed it to be valid.”). President Trump is seeking evidence bearing on this issue in the pending motions to compel, and fact-finding will likely be necessary before the Court can resolve it. See, e.g., United States v. Accardo, 749 F.2d 1477, 1481 (11th Cir. 1985) (reasoning that “[b]oth parties should be given an opportunity to present evidence touching upon the conduct of the officers," and remanding for “a hearing on the good faith issue"). However, several known circumstances already counsel against a finding in favor of the Office on this fact-specific inquiry. Without no basis whatsoever, in the affidavit or otherwise, FBI agents searched the private bedrooms of the First Lady and President Trump's youngest son. See Walter v. United States, 447 U.S. 649, 657 (1980) (“[A] warrant to search for a stolen refrigerator would not authorize the opening of desk drawers."). The FBI's photo log demonstrates that the agents took extensive photographs of those rooms- 42 and 27, respectively—for no apparent reason. See Ex. 5 at USA- 01285293-300. There was no factual basis for the agents to rummage through rooms not specified in the warrant and, not surprisingly, they seized nothing from these other rooms. Nor was there any basis for the FBI to bring firearms into Mar-a-Lago. There were no threats and no risk to agents' safety arising from their allegations relating to possession of documents at a premises already guarded by the Secret Service. But the agents appear to have 12

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 15 of 28 done so, based on documents produced in discovery, in order to search for alleged contraband they pretended was life threatening in Mar-a-Lago's gym and kitchen (five and four pictures, respectively). The government has already acknowledged that, notwithstanding the constitutionally infirm capaciousness of the warrant, the FBI exceeded its scope. See Trump v. United States, 625 F. Supp. 3d 1257, 1265 (S.D. Fla. 2022) (“The Government also has acknowledged that it seized some '[p]ersonal effects without evidentiary value.”). The agents improperly seized passports, “medical documents, correspondence related to taxes, and accounting information.” Id. Lastly, evidence of politically motivated animus toward President Trump by prosecutors, agents, NARA personnel, and White House Officials, is relevant to the Court's analysis of the suppression remedy. See United States v. Herring, 492 F.3d 1212, 1217 (11th Cir. 2007) (reasoning that a precondition to the application of the exclusionary rule under Leon is "misconduct by the police or by adjuncts to the law enforcement team" (emphasis added)). Some of that evidence has already surfaced, but much more must be disclosed by the Special Counsel's Office for the reasons set forth in the Defendants' motions to compel. II. The Special Counsel's Office Violated President Trump's Attorney-Client Privilege Apparently dissatisfied with the outcome of the Mar-a-Lago raid, or concerned about the manner in which it was conducted, the Special Counsel's Office took extraordinary and unlawful steps to gain access to evidence of privileged communications between President Trump and his attorneys. The unconstitutional nature of those efforts is illustrated by the fact that the Office relied on the constitutionally defective Mar-a-Lago warrant to bolster its motion in the District of Columbia. It was error to apply the crime-fraud exception, and the resulting evidence must be suppressed. 13

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 16 of 28 A. Relevant Facts 1. The May 10, 2022, Subpoena To President Trump's Office At the time, attorney In April 2022, President Trump engaged attorney Per. 18 was also representing President Trump. Per. 18 initiated contact with Bratt in late April. At the time, NARA and DOJ were pressuring President Trump to present executive- privilege claims relating to the 15 Boxes. See Compel Mot. Exs. 23, 24. On May 11, 2022, Bratt sent Per. 18 a subpoena addressed to the "Custodian of Records” for “The Office of Donald J. Trump.” Ex. 7 at USA-00041547 (the “Trump Office Subpoena”). The Trump Office Subpoena was dated May 11 and returnable on May 24, which Bratt later extended until June 7, and it called for "all documents or writings ... bearing classification markings." Id. at USA-00041545; see also ECF No. 85 ¶¶ 53-57 (referring to Per. 18 as "Trump Attorney 1" and as "Trump Attorney 2"). 2. The May 23, 2022, Meeting At Mar-a-Lago On May 23, 2022, Per. 18 and met with President Trump at Mar-a-Lago. See ECF No. 85 55. Per. 18 subsequently created an audio recording with his impressions from the meeting, which was transcribed in connection with litigation in the District of Columbia. Ex. 8 (the "May 2022 Recording"). 3. The June 2 and 3, 2022, Meetings At Mar-a-Lago On June 2, 2022, Per. 18 again met with President Trump at Mar-a-Lago. After speaking to President Trump, Per. 18 reviewed the contents of boxes in a basement storage room (the “Storage Room”). See ECF No. 85 ¶¶ 64-65. Per. 18 identified documents that he believed were responsive to the Trump Office Subpoena, and he asked Bratt and the FBI to collect the materials at Mar-a-Lago the following day. See ECF No. 85 ¶¶ 66-68. 14

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 17 of 28 On June 3, 2022, Per. 18 met with Bratt and FBI agents who had traveled to Mar-a-Lago. An attorney named Per. 12 also participated in the meeting, and Per. 12 provided a written certification of compliance with the Trump Office Subpoena. Ex. 9 at USA-00940536; see also Per. 12 ECF No. 85¶¶ 69-70 (referring to as “Trump Attorney 3"). Per. 18 gave Bratt and the FBI a sealed redweld containing approximately 38 documents that Per. 18 believed were responsive to the Trump Office Subpoena. Ex. 9 at USA-00940537; see also ECF No. 85 ¶¶ 8(b), 72. During the meeting, President Trump spoke to Bratt and the FBI agents voluntarily, and he permitted them to view the Storage Room. Ex. 9 at USA-00940537. As with Per. 18's May 2022 trip to Mar-a-Lago, Per. 18 created an audio recording with his impressions from the trips to Mar-a-Lago on June 2 and June 3, which was also transcribed in connection with litigation in the District of Columbia. Ex. 10 (the “June 2022 Recording"). 4. The Trump Organization Subpoena On June 22, 2022, Bratt issued a subpoena to the Trump Organization for Mar-a-Lago CCTV footage. Ex. 11 at USA-00806262 (the “Trump Organization Subpoena”). Bratt emailed the subpoena to and forwarded it to Per. 18 Id. at USA-00806261. On June 24, Subpoena with President Trump during a phone call. discussed the Trump Organization 5. The Per. 18 And Subpoenas On November 21, 2022, Senior Assistant Special Counsel Julie Edelstein issued a subpoena calling for testimony and documents from Per. 18. Ex. 12 (the “Per. 18 Subpoena”). The Per. 18 Subpoena called for materials relating to, among other things, “instructions or guidance” concerning the Trump Office Subpoena, Per. 18's June 2, 2022 search of the Storage Room, and the certification executed by Per. 12 Id at 12 at USA-00806078. Beginning on the 15

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 18 of 28 December 8, 2022, through counsel, Per. 18 produced non-privileged documents in response to the Per. 18 Subpoena. Per. 18 provided a privilege log to the Special Counsel's Office on or about January 6, 2023. Ex. 13. On January 12, 2023, Per. 18 declined to answer certain of the Office's questions during testimony before the grand jury. On January 25, 2023, David Harbach issued a subpoena calling for testimony and documents from Subpoena"). Through counsel, Ex. 14 (the informed the Special Counsel's Office that she would invoke the attorney-client privilege if required to testify. 6. The Motion To Compel On February 7, 2023, the Special Counsel's Office filed an ex parte motion in the District of Columbia to compel Per. 18 and to answer questions and produce documents regarding six topics: 1. “[E]fforts to determine where documents responsive to the May 11 subpoena may be located"; 2. “[W]hy Per. 18 believed all responsive documents were in the storage room at Mar-a- Lago"; 3. "[C]ircumstances surrounding the selection of Per. 12 as custodian of records; 4. "[T]he sources and bases for the false statements in the certification and reasons for edits to the certification"; 5. “[T]he awareness of the former President or anyone in his Office regarding the certification or approval of the certification"; and 6. “[T]he phone call between Per. 18 and the former President on June 24[, 2022]." Ex. 15 at USA-01287430 (exhibits omitted). In reply to opposition submissions by President Trump and Per. 18 the Office conceded that "Per. 18's independent assertion of the work- product privilege raises unsettled questions about the application of the crime-fraud exception to opinion work product.” Ex. 16 at USA-01288436. Acknowledging concerns about the Office's 16

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 19 of 28 aggressive position in the opening submission, they agreed to “seek[] only Per. 18's fact work product." Id. Following a March 9, 2023, hearing attended by the Special Counsel's Office and counsel for President Trump and Per. 18, Judge Howell granted, in part, and denied, in part, the motion. Ex. 17. The court ordered Per. 18 to produce documents “reflecting his efforts to comply" with the Trump Office Subpoena, and that “may have informed his knowledge” of the Trump Organization Subpoena. Judge Howell also required Per. 18 to produce the May 2022 Recording and the June 2022 Recording, based on reasoning set forth in separate orders. Exs. 18, 19. On March 22, 2023, the D.C. Circuit denied motions by President Trump and Per. 18 to stay Judge Howell's rulings. See Order, In re Sealed Case, Nos. 23-3035, 23-3036 (D.C. Cir. Mar. 22, 2023). 7. The Compelled Testimony On March 24, 2023, the Special Counsel's Office required Per. 18 and to testify before a grand jury in the District of Columbia—despite the lack of venue for any of the offenses under consideration. The prosecutors questioned Per. 18 extensively regarding, inter alia, the otherwise-privileged communications with President Trump, the May 2022 Recording, and the June 2022 Recording. B. Applicable Law 1. Attorney-Client Privilege And Work Product "Traditionally, the attorney-client privilege, like the privilege extending to attorney work product, is sacrosanct.” United States v. Stein, 2023 WL 2585033, at *2 (S.D. Fla. 2023) (cleaned up). “The attorney-client privilege attaches, of course, to confidential communications between an attorney and client for the purposes of securing legal advice or assistance." Drummond Co., 17

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 20 of 28 Inc. v. Conrad & Scherer, LLP, 885 F.3d 1324, 1334 (11th Cir. 2018). Protection of the privilege “promote[s] broader public interests in the observance of law and administration of justice," and "encourage[s] full and frank communication between attorneys and their clients." United States v. Zolin, 491 U.S. 554, 562 (1989) (cleaned up). The work product doctrine recognizes that “it is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel." Hickman v. Taylor, 329 U.S. 495, 510 (1947). “Material that reflects an attorney's mental impressions, conclusions, opinions, or legal theories, is referred to as opinion work product.” Cox v. Adm'r U.S. Steel & Carnegie, 17 F.3d 1386, 1422 (11th Cir. 1994) (cleaned up). “[O]pinion work product enjoys a nearly absolute immunity and can be discovered only in very rare and extraordinary circumstances." Id. . An attorney's independent assertion of his work product privilege, on the other hand, stands on a very different footing because the attorney's privilege is based on the attorney's interest in protecting his opinions and thought processes from disclosure. This is a protection that benefits all of the attorney's clients because it accords the attorney a measure of privacy within which he can candidly compose his thoughts. In re Green Grand Jury Proc., 492 F.3d 976, 980 (8th Cir. 2007). 2. The Crime-Fraud Exception The crime-fraud exception applies in “rare circumstances." Drummond Co., 885 F.3d at 1335. "[C]ourts apply a two part test." In re Grand Jury Investigation, 842 F.2d 1223, 1226 (11th Cir. 1987). First, there must be a prima facie showing that the client was engaged in criminal or fraudulent conduct when he sought the advice of counsel, that he was planning such conduct when he sought the advice of counsel, or that he committed a crime or fraud subsequent to receiving the benefit of counsel's advice. Second, there must be a showing that the attorney's assistance was obtained in furtherance of the criminal or fraudulent activity or was closely related to it. 18

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 21 of 28 Id. "[A]n attorney may assert the work product privilege with regard to opinion work product even if the client has used the attorney's services to commit a crime or perpetrate a fraud, so long as the attorney was unaware that the client was doing so." In re Green Grand Jury Proc., 492 F.3d at 981. “[O]nce the grand jury has . . . heard testimony that the putative defendant contends was protected by privilege,” “the appropriate remedy is a post-indictment motion in limine to suppress the use of the evidence or testimony at trial." In re Grand Jury Proc., 142 F.3d 1416, 1428 (11th Cir. 1998). C. Discussion 1. The Special Counsel's Failed To Make A Prima Facie Showing Judge Howell erred in finding that the Special Counsel's Office had made a prima facie showing with respect to 18 U.S.C. §§ 793(e), 1001, 1512, and 1519. See Ex. 18 at USA-01288890, 01288896. Reliance on § 793(e) to access privileged communications was especially problematic in light of the impermissible risk of arbitrary enforcement arising from the statute's unconstitutional ambiguity, as discussed in President Trump's void-for-vagueness motion. For all of the statutes, the Office's proffer was limited mostly to what Juge Howell described as a "choreography of box movements" prior to Per. 18's June 2, 2022 search of the Storage Room. Id. at USA-01288892; see also id. at USA-01288907 (finding “curious" the “absence of any video footage showing the return of the remaining boxes to the storage room”). The Office lacked—and still lacks evidence demonstrating that President Trump knew there were marked-classified documents in boxes that were allegedly not returned to the Storage Room. Seeking to bridge that gap, Judge Howell cited an assertion attributed to President Trump in the May 2022 Recording that Hillary Clinton Ex. 18 at USA- 01288893. Even if made, the remark was not inculpatory if DOJ's decision not to prosecute Clinton is considered valid. In fact, although at least one prosecutor who participated in the 19

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 22 of 28 investigation of Hillary Clinton thought there were “pretty good arguments" that there was a "waiver of privilege," the prosecutors did not pursue it. Horowitz OIG Report at 117 n.102. The prosecutors reportedly made that decision because Clinton's attorneys lacked “nefarious intent” or “criminal mens rea." Id. The Special Counsel's Office conceded that the same was true for Per. 18 and , but the Biden Administration's political objectives required the Office to take a different course in this case. Nevertheless, the Horowitz OIG Report illustrates the flawed nature of the court's reasoning regarding this alleged comment by President Trump. Per. 12 Judge Howell acknowledged that (1) President Trump could plausibly "claim that he did not know what Per. 18 and wrote in the June 3, 2022 Certification," and (2) there was no evidence that President Trump "deliberately retained, or was even aware of, the particular [four] classified-marked documents located by his counsel at Mar-a-Lago in December 2022." Ex. 18 at USA-01288895, 01288897. The court, however, placed undue emphasis on a question attributed to President Trump: “we just don't respond at all or don't play ball with them,” “wouldn't it be better if we just told them we don't have anything here?” Id. at USA-01288893-94. That is a natural client for any client to have under the circumstances, and the equally available inference from this evidence is that President Trump believed the boxes that were moved contained sensitive items he had designated as Personal Records under the PRA and were not responsive to the Trump Office Subpoena. And, as Judge Howell acknowledged, neither President Trump nor Per. 18 responded to the Trump Office Subpoena by claiming that| See id. at USA-01288894 n.15 (reasoning that President Trump's question “taken alone may be insufficient to establish the applicability of the crime-fraud exception” where “the attorney-client relationship has worked exactly as intended and deserves the utmost protection"); see also In re Grand Jury Subpoena, 745 F.3d 681, 691 (3d Cir. 2014) (reasoning that the crime-fraud exception 20

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 23 of 28 "does not by its terms apply to a situation where a client consults an attorney about a possible course of action and later forms the intent to undertake that action"). Finally, the Special Counsel's Office did not establish any nexus to alleged criminality concerning Per. 18's June 24, 2022 call with President Trump. The Office's evidentiary proffer focused on the issuance of the Trump Organization Subpoena, and Waltine Nauta's efforts to return to Mar-a-Lago shortly thereafter. This evidence was equally supportive of the inference that President Trump and others took the Trump Organization Subpoena seriously, and the Office was not entitled to access President Trump's privileged communications regarding that issue. 2. The Communications Did Not Further Any Crimes At the second step of the crime-fraud analysis, Judge Howell erred by concluding that President Trump's communications with Per. 18 and and related work product, furthered the alleged offenses relied upon by the Special Counsel's Office. See Ex. 18 at USA-01288905. Per. 12 The evidence of steps taken by Per. 18 and and the corresponding advice they provided و to President Trump, demonstrated that the “advice was intended to prevent unlawful conduct." United States v. White, 887 F.2d 267, 271 (D.C. Cir. 1989) (Bader Ginsburg, J.). Even if the Office had established that President Trump “fail[ed] to heed his lawyer's counsel," and they did not do so, such a failure “does not alter this crucial facet of the case." White, 887 F.2d at 271; see also United States v. Jacobs, 117 F.3d 82, 88 (2d Cir. 1997) (“A wrongdoer's failure to heed the advice of his or her lawyer does not remove the privilege."); In re Grand Jury Subpoenas Duces Tecum, 798 F.2d 32, 34 (2d Cir. 1986) (“The crime/fraud exception to the attorney-client privilege cannot be successfully invoked merely upon a showing that the client communicated with counsel while the client was engaged in criminal activity”). The fact that a privileged communication “may help prove” that a crime occurred—which did not happen here— 21

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 24 of 28 "does not mean" that the communication “was used in perpetrating” the crime. Pritchard-Keang Nam Corp. v. Jaworski, 751 F.2d 277, 283 (8th Cir. 1984). "It does not suffice that the communications may be related to a crime." White, 887 F2d at 271. Judge Howell's ruling eviscerated President Trump's privilege under circumstances “where even its stern critics acknowledge that the justifications for the shield are strongest-where a client seeks counsel's advice to determine the legality of conduct before the client takes any action." White, 887 F.2d at 272. 3. The Compelled Waiver Was Overly Broad “[D]istrict courts should define the scope of the crime-fraud exception narrowly enough so that information outside of the exception will not be elicited before the grand jury.” In re Grand Jury Subpoenas, 144 F.3d 653, 661 (10th Cir. 1998). Judge Howell failed in this regard, too. For example, the court failed to explain how Per. 18's invoices, “execution of an engagement letter,” and “correspond[ence] with an associate in advance of his May 23, 2022 meeting” could possibly have furthered the allegedly illegal conduct. Ex. 18 at USA-01288910 (emphasis added). See Diamond Resorts U.S. Collection Dev., LLC v. US Consumer Att'ys, P.A., 519 F. Supp. 3d 1184, 1222 (S.D. Fla. 2021) (“[T]he existence of a crime or fraud does not create a blanket evisceration of the privilege; it only extinguishes the privilege for those communications and documents connected to the crime or fraud."). Judge Howell also required disclosure of six emails and a draft of the Trump Organization Subpoena that Bratt sent to See Ex. 18 at USA-01288912. The court reasoned that these documents “informed Per. 18's preparations" for the June 24, 2022 call with President Trump. Id. However, there was no basis to conclude that Per. 18's preparations for the call furthered any of the alleged misconduct. See In re Grand Jury Subpoena, 419 F.3d 329, 343 (5th Cir. 2005) 22 22

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 25 of 28 ("[T]he proper reach of the crime-fraud exception when applicable does not extend to all communications made in the course of the attorney-client relationship, but rather is limited to those communications and documents in furtherance of the contemplated or ongoing criminal or fraudulent conduct." (emphasis added)). Therefore, the Special Counsel's Office was not entitled to those documents. Judge Howell also ordered disclosures relating to the certification that Per. 12 signed regarding the Trump Office Subpoena. Ex. 18 at USA-01288851. The certification stated that the representations it contained were “[b]ased upon the information that has been provided to me.” Id. No one from President Trump's side hid that. However, the court reasoned inaccurately the certification was “incorrect and unreliable, or, at worst, [an] intentional misrepresentation[],” and drew improper inferences about what a "fulsome certification would entail.” Id. at USA- 01288857, 01288860. The certifications produced by the Special Counsel's Office in discovery illustrate that the court was wrong. Ex. 20. Based on this erroneous reasoning, the court improperly ordered disclosures of privileged information relating to the certification. 4. The Court Misapplied The Opinion Work Product Doctrine Although the Special Counsel's Office conceded that it had no right to Per. 18's opinion work product, Judge Howell defined that category in an unlawfully narrow and extremely prejudicial fashion with respect to the May 2022 Recording and the June 2022 Recording. The Office quoted from the Recordings extensively in the Superseding Indictment. See ECF No. 85 །།། 21-22, 25. The Recordings reflected Per. 18's observations of events he deemed to be significant during his representation of President Trump, visits to Mar-a-Lago, and assistance in responding to the Trump Office Subpoena. “[O]pinion work product may be reflected in something as subtle 23

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 26 of 28 as the act of selecting or ordering documents because this may reflect an attorney's opinion as to the significance of those documents in the preparation for his case." United States v. Pepper's Steel & Alloys, Inc., 132 F.R.D. 695, 698 (S.D. Fla. 1990); see also Baker v. Gen. Motors Corp., 209 F.3d 1051, 1054 (8th Cir. 2000) ("Attorney notes reveal an attorney's legal conclusions because, when taking notes, an attorney often focuses on those facts that she deems legally significant.”); Sporck v. Peil, 759 F.2d 312, 316 (3d Cir. 1985) (“[T]he selection and compilation of documents by counsel in this case in preparation for pretrial discovery falls within the highly- protected category of opinion work product."). Therefore, in addition to disclosing communications that were subject to the attorney-client privilege, the May 2022 Recording and the June 2022 Recording disclosed Per. 18's opinion work product in connection with representing President Trump. The Special Counsel's Office expressly was not seeking such materials because of legal problems with their theory, and the Office should not have been granted access to the Recordings. Therefore, evidence relating to the May 2022 Recording and the June 2022 Recording should be suppressed. Finally, because of the highly prejudicial nature in which the Special Counsel's Office used the privileged evidence, including through extensive quotations in the Superseding Indictment, the Court should dismiss the charges. See United States v. DeLuca, 663 F. App'x 875, 878 (11th Cir. 2016) (describing multi-day hearing relating to extent of privilege violation and assessment of resulting prejudice). 24 24

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 27 of 28 CONCLUSION For the foregoing reasons, President Trump respectfully submits that the Court should (1) suppress the evidence seized during the unconstitutional raid of Mar-a-Lago and obtained from the unlawful violation of President Trump's attorney-client privilege, and (2) dismiss the Superseding Indictment following a hearing on prejudice resulting from the privilege violation. Dated: February 22, 2024 Respectfully submitted, /s/Todd Blanche Todd Blanche (PHV) [email protected] Emil Bove (PHV) [email protected] BLANCHE LAW PLLC 99 Wall Street, Suite 4460 New York, New York 10005 (212) 716-1250 /s/ Christopher M. Kise Christopher M. Kise Florida Bar No. 855545 [email protected] CONTINENTAL PLLC 255 Alhambra Circle, Suite 640 Coral Gables, Florida 33134 (305) 677-2707 Counsel for President Donald J. Trump 25 25

Case 9:23-cr-80101-AMC Document 566 Entered on FLSD Docket 05/21/2024 Page 28 of 28 CERTIFICATE OF SERVICE I, Christopher M. Kise, certify that on February 22, 2024, I filed the foregoing document and served it on the Special Counsel's Office via email, or CM/ECF to the extent possible, as required by the Court's February 20, 2024 Order. ECF No. 320. /s/Christopher M. Kise Christopher M. Kise

Our Coverage of the Trump Documents Case

The justice department has filed federal criminal charges against former president donald trump over his mishandling of classified documents..

The Indictment: Federal prosecutors said that Trump put national security secrets at risk  by mishandling classified documents and schemed to block the government from reclaiming the material. Here’s a look at the evidence .

The Co-Defendants: While Trump plays the leading role in the case, the narrative as laid out by prosecutors relies heavily on supporting characters  like Carlos De Oliveira  and Walt Nauta .

Obstruction: The Mueller report raised questions about whether Trump had obstructed the inquiry into the ties between the former president’s 2016 campaign and Russia. With prosecutors adding new charges  in the documents case, the subject is back .

The Judge: Judge Aileen Cannon , a Trump appointee who showed favor to the former president earlier in the investigation, has scant experience  running criminal trials. Can she prove her critics wrong ?

A Slow Pace: Cannon has allowed unresolved issues to build up on her docket, and that appears to have kept her from making a prompt decision on the timing of the case. It is one of several factors that have stirred concern about her decision-making .

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5 Cooperation in Christ’s Kingdom

• Published: May 2024
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In the middle of the 19th century, British Christian Socialists, with strong financial support from E. V. Neale, established a number of cooperative workshops. The group’s understanding of social psychology builds off the theology of their leader, F. D. Maurice, who preached that the sin of selfishness results in a bleak separation from God. Human psychology reflects the personal struggle between a rebellious selfishness and a deep desire to join in a fellowship with others and with God. The Christian Socialists’ economic theoretician, John Ludlow, weaves such a social psychology into a coherent defense of cooperation. Insightfully, he argues that a wide range of activities in businesses and government offices already work through “concert” and not competition. With proper organization, a reliance on concert can be extended to the economy as a whole. Maurice, however, balks at Ludlow’s reliance on “system,” leading to a definitive falling out.

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