A federal judge decided on Monday to grant former President Trump’s request and ordered an independent special master to be appointed to review materials that the FBI seized during its raid on Trump’s Mar-a-Lago residence in August.
Trump has accused the FBI and DOJ of executing the search for political purposes.
US District Judge Aileen Cannon also ordered the Justice Department to stop its own review of the seized records for investigative purposes, dismissing DOJ’s objections, and blocked prosecutors from further using the documents in their investigation until the review of the special master is completed.
The special master is supposed to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege.
The DOJ argued in court that, since he is no longer in office, Trump did not have the authority to claim executive privilege from his time in the White House against the current executive branch, but Cannon noted that the DOJ’s position arguably overstates the law.
She also dismissed DOJ’s objection that the former president lacks standing to request a special master since his presidential records are owned by the government, not Trump himself
Judge Cannon, which is a Trump appointee, asked that Trump’s attorneys and the DOJ submit by Friday a joint filing that includes a proposed special master candidate list.
She dismissed DOJ concerns that a special master appointment would stall its investigation of Trump underscoring that a temporary special master review under the present circumstances would not cause undue delay.
However, Judge Cannon said that the ongoing damage assessment of the documents’ storage at Mar-a-Lago by the intelligence community could continue in the meantime.
Yet, she declined Trump’s request to order the return of the seized property from Mar-a-Lago stressing that he ultimately may not be entitled to the return of much of the seized property.
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