Judge GRANTS Trump’s request to have a special master evaluate materials seized in the Mar-a-Lago search – as it is revealed that FBI agents confiscated medical data from the former president’s residence – has been denied.
Judge Aileen Cannon granted Trump’s request to name a special master.
The independent party would assess both attorney-client privilege and executive privilege.
Trump attorneys had made the demand in a Florida filing.
The judge nominated by Trump stated that the injunction would not affect intelligence assessment
The Justice Department disclosed the extent of classified materials discovered in a raid
A federal court in Florida has granted Donald Trump’s request to have a special master analyze the records taken during the raid on Mar-a-Lago, thus halting the government’s probe.
Judge Aileen Cannon granted Trump’s request to appoint a special master “to review the seized property for personal items and papers, as well as possibly privileged material subject to claims of attorney-client and/or executive privilege.”
In addition, the judge designated by Trump prohibits the government from “reviewing and exploiting the confiscated materials” until the review is complete.
This provides Trump and his legal team with the added benefit of delaying the rapid-fire processes that have transpired since the FBI search of Mar-a-Lago on August 8. Any prospective appeal by the government could further delay the process.
A judge has granted Donald Trump’s request to have a special master analyze the Mar-a-Lago raid records.
Judge Cannon issued the order in a ruling on Labor Day, after stunning some legal observers on the previous Saturday with a ruling that signaled her momentary predisposition to grant Trump’s request for a special master.
In a filing in federal court in Florida, Trump’s team filed its initial request after another judge ruled to reveal a heavily redacted version of the document that helped justify the warrant for the FBI to search the former president’s private club.
Trump appointed Judge Aileen Cannon, who was subsequently confirmed in 2020.
The government responded to Trump’s lawsuit in Florida with a scathing 36-page filing and disclosed fresh details about the extent of classified materials discovered at Mar-a-Lago.
They also supplied a photograph acquired by the FBI showed Trump’s office carpeted with ‘Top Secret’ paperwork.
The judge stated that her injunction should not hinder a classification review or intelligence evaluation.
Director of National Intelligence Avril Haines informed two congressional committees that she would brief them on the Mar-a-Lago national security documents.
The judge ordered Trump’s and the government’s attorneys to confer and submit a list of potential special master candidates and a review and compensation schedule.
Former President Donald Trump’s attorneys wanted a special master to evaluate FBI-seized materials and the return of Trump’s personal goods.
The Justice Department released a photograph of documents obtained during the August 8 search of Mar-a-Lago on Tuesday night.
The judge withheld a decision regarding Trump’s request for the return of property confiscated during the raid.
During its raid, the FBI seized 33 boxes containing more than 100 classified documents and, according to the filing, discovered classified documents stashed in Trump’s office.
Others were labeled ‘TOP SECRET/SCI’ with bright yellow borders, while one was labeled ‘SECRET/SCI’ with a rust-colored border.
In its own filings, the government ridiculed Trump’s request and stated that its own taint teams had nearly completed their review for attorney-client privilege. In addition, it argued that there was no precedent for a special master to review executive privilege and that the privilege belonged to the current executive, President Biden.
“After careful review of the parties’ submissions and the unusual circumstances provided, the Court finds that equitable jurisdiction should be exercised over this matter,” Judge Cannon authored.
She concurred with the government that the search, which occurred after months of back-and-forth and in response to a subpoena for other records, did not demonstrate ‘callous contempt for Plaintiff’s fundamental rights.’
She also mentioned records unearthed by a Privilege Review Team indicating that seized materials include’medical documents, tax-related correspondence, and accounting data.’
She stated that the government acknowledged seizing certain personal items that lacked evidentiary value, along with “more than 500 pages of possibly attorney-client privileged material.”
Her decision emphasized the possibility of government leaks.
‘In addition to being deprived of potentially significant personal documents, which alone creates a real harm, Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,’ she wrote.
The judge also demonstrated concern for Trump’s reputation should he be indicted or even if his house is searched.
As a result of Plaintiff’s past status as President of the United States, the stigma connected with the subject seizure is unique. She noted that a future indictment based in any way on property that should be returned would result in reputational damage of an entirely other scale.
In one point, the judge recognized the “limitations” of her decision, adding that Trump “may not be entitled to return of much of the confiscated property or succeed on his anticipated claims of privilege.” This investigation is ongoing,’ she noted.