Federal judge orders appointment of special master to review seized Trump records
An independent special master will be appointed to review records the FBI seized during its raid of former President Trump's Mar-a-Lago home, a federal judge ruled Monday.
www.foxnews.com
DOJ ordered to stop reviewing of documents and await the appointment of a Special Master
Yup. I can almost hear the rapid fire typing from DoJ. I bet they appeal to 11th Circuit in record speed.
This will not inhibit numerous other investigative actions that will likely be continuing in the background, such as Grand Jury subpoenas for and interviews of possible witnesses.
If the Special Master appointment survives appeal, what that will mean is that an independently appointed third party (with security clearance- Trump’s lawyers have not made any claim regarding documents being declassified) will review the seized materials for both attorney client and executive privilege.
I think DoJ will have to appeal even if for no other reason than to litigate the judge’s ruling that the executive privilege claims of an ex-president could trump (sorry, it’s simply the best word) countervailing executive privilege assertions by the current president. There’s a very important point of law around the current executive’s ability to carry on the functions of government that needs to be adjudicated here.
One interesting revelation in Judge Cannon’s is rotten decision is that other documents of a personal nature that were seized include documents of a medical or personal financial documents. The intermingling of these documents with government records strengthens the potential link of Trump himself to the wilful retention and possession of these documents.
We may see an appeal that shrugs and just rolls with the Special Master process - knowing that another court in another investigation will strike down the potentially extremely broad precedent being set here - but that appeals the injunction against the government continuing to review and use these documents in investigation.
Left untouched, this decision by Judge Cannon would set a precedent that would essentially stonewall any white collar crime investigation until Special Masters (or Mistresses?) could go through the entirety of a seizure pursuant to warrant to ensure nothing of a personal nature is caught up in the investigative net. That would be totally unworkable. There’s no way that, all said and done, this decision will fully stand the test of time (and appeals).