Legal Experts Slam Judge’s Approval Of Trump’s Special Master Request

WEST PALM BEACH, FLORIDA - JANUARY 20: Outgoing US President Donald Trump waves to supporters lined along on the route to his Mar-a-Lago estate on January 20, 2021 in West Palm Beach, Florida. Trump, the first presid... WEST PALM BEACH, FLORIDA - JANUARY 20: Outgoing US President Donald Trump waves to supporters lined along on the route to his Mar-a-Lago estate on January 20, 2021 in West Palm Beach, Florida. Trump, the first president in more than 150 years to refuse to attend his successor's inauguration, is expected to spend the final minutes of his presidency at his Mar-a-Lago estate in Florida. (Photo by Michael Reaves/Getty Images) MORE LESS

September 5, 2022 2:32 p.m.

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Legal experts were left reeling on Monday after a judge approved ex-President Donald Trump’s request for a special master to review the documents the FBI seized from Mar-a-Lago as Trump insists the materials are covered by executive privilege (actual sitting President Joe Biden has not claimed executive privilege over them).

Legal commentators, including national security lawyers and ex-Justice Department attorneys, put Trump appointed District Judge Aileen Cannon’s ruling on blast, saying that the move stymies the government’s investigation in a major boon to the ex-president:

This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession.

At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit. https://t.co/b07e1oR5vK
— Steve Vladeck (@steve_vladeck) September 5, 2022

This judge basically did Trump’s lawyers’ work for them, making arguments under the 4-part Richey test which Trump did not brief or argue, making executive privilege arguments that Trump did not press fully in the hearing, and granting an injunction when one wasn’t requested https://t.co/qD0aWUiNys
— Asha Rangappa (@AshaRangappa_) September 5, 2022

Given @POTUS decides application of Executive Privilege, I am hard pressed to understand how Special Master can presumably overrule sitting President.

Expect any adverse decision to be appealed by Govt. https://t.co/WUR47PhWcC
— Mark S. Zaid (@MarkSZaidEsq) September 5, 2022

Well, she did it. She temporarily halted the criminal investigation and gave Trump his special master.

Expect the DOJ to appeal. (Because my work involved writing appeals when the court got it wrong, I may be less shocked than others).

1/https://t.co/CWIU0JUOK6
— Teri Kanefield (@Teri_Kanefield) September 5, 2022

I know a lot of my and others lawyers' quick reaction are pretty legal and arcane sounding. But here in plain English: based on FBI's having taken a small percentage of docs other than gov docs, she orders gov to stop reviewing ALL docs and a Special Master to review ALL docs.
— Harry Litman (@harrylitman) September 5, 2022

The Trump appointed judge who just appointed special master and put hold on case appears more concerned about Trump’s reputation than actual justice. pic.twitter.com/1zF1mRydy4
— Daniel Uhlfelder (@DWUhlfelderLaw) September 5, 2022

Nothing about the MAL search warrant process was special and her reasoning wd lead to appointment of a special master in EVERY criminal case. The only thing special is a former president stealing highly classified docs.
— Andrew Weissmann 🌻 (@AWeissmann_) September 5, 2022

Even though this Judge’s Order appointing a special master won’t stop the very serious Trump stolen docs investigation, having been the decider of whether DOJ should appeal various cases in the past, I think DOJ has to appeal here. Sets a terrible precedent. That’s what I’d do
— Neal Katyal (@neal_katyal) September 5, 2022

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Cristina Cabrera (@crismcabrera) is a newswriter at TPM based in New York. She previously worked for Vocativ, USA Today and NY1 News.

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Donald Trump Mar-a-Lago