<mediadc-video-embed data-state="{"cms.site.owner":{"_ref":"00000161-3486-d333-a9e9-76c6fbf30000","_type":"00000161-3461-dd66-ab67-fd6b93390000"},"cms.content.publishDate":1662467363127,"cms.content.publishUser":{"_ref":"00000179-379a-dbb2-a7fd-bfda8bfc0000","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"cms.content.updateDate":1662467363127,"cms.content.updateUser":{"_ref":"00000179-379a-dbb2-a7fd-bfda8bfc0000","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"rawHtml":"
var _bp = _bp||[]; _bp.push({ "div": "Brid_62464442", "obj": {"id":"27789","width":"16","height":"9","video":"1089205"} }); ","_id":"00000183-12c6-d5c1-ad97-b3cec6260000","_type":"2f5a8339-a89a-3738-9cd2-3ddf0c8da574"}”>Video EmbedA judge granted former President Donald Trump a substantial legal win on Monday, ruling that the Department of Justice cannot continue reviewing documents seized from his Mar-a-Lago home until a third party examines the materials to determine whether they are protected by attorney-client or executive privileges.
U.S. District Judge Aileen Cannon sided with Trump, granting his request to appoint a special master to “review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property.” The decision strikes a blow to the DOJ, which argued an outside party would pose national security concerns and interfere with its investigations into whether the former president unlawfully took records that belong to the government.
JUDGE HALTS PROSECUTORS FROM USING TRUMP MAR-A-LAGO MATERIALS FOR CRIMINAL INVESTIGATION
Here’s what we know so far about Cannon’s decision to appoint a special master and what it means going forward:
The ruling is a win for Trump
Cannon’s ruling offers a major win for Trump and his attorneys, strengthening concerns as to whether the DOJ conducted an “unjustified pursuit” of the former president’s home and seized declassified materials that had nothing to do with their search while recovering government documents.
The judge also sided with Trump in his arguments that he has some level of executive privilege as a former president, an argument the Justice Department has repeatedly rejected. Cannon also noted that Trump has some interest in the materials that were seized, as the FBI seized more than 10,000 documents that were not marked as classified.
“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,” the ruling reads.
But Trump didn’t get everything he wanted
Although Cannon offered major wins to Trump, his legal team didn’t get all that he wanted.
While the ruling halts the DOJ from reviewing materials taken from Mar-a-Lago until a special master finishes his or her examination, the department may interview witnesses and review other materials while it continues its investigation. Additionally, Cannon did not grant requests from the former president to return any of the materials to Mar-a-Lago.
It’s unclear how the investigation will move forward with a special master
Cannon’s ruling left several questions unanswered on how the investigation will move forward or how a special master will be appointed.
In her Monday decision, Cannon gave Trump’s legal team and the DOJ until Friday to submit a joint list of people she could choose to be appointed as special master. However, the Justice Department could appeal Cannon’s ruling before that date, posing some uncertainty as to how the investigation will move forward.
“The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation,” a DOJ spokesperson told Politico.
Special master is needed to ensure “appearance of fairness,” judge rules
The decision to appoint a special master not only offers a win to Trump, but it also bolsters trust in the DOJ by ensuring “at least the appearance of fairness and integrity under the extraordinary circumstances presented,” Cannon said in her ruling.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Trump’s legal team has long argued the Mar-a-Lago raid was “unprecedented, unnecessary, and legally unsupported,” noting the appointment of a special master would bolster trust in the DOJ.
“Left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation with no recourse for [Trump] but to somehow trust the self-restraint of currently unchecked investigators,” Trump’s attorneys wrote in a filing last week.
