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DOJ Appeals Ruling Appointing Special Master TO EXAMINE Trump Mar-A-Lago Documents

Topline

The Department of Justice asked a federal judge Thursday to reconsider section of her decision siding with former President Donald Trump in the battle over documents seized from Mar-A-Lago, arguing she should permit the DOJ to to keep to examine classified documents so that it can evaluate possible national security vulnerabilities.

Former President Donald Trump’s Mar-a-Lago club in Palm Beach, Florida, on Aug. 31.

Copyright 2022 The Associated Press. All rights reserved

KEY POINTS

The DOJ asked U.S. District Judge Aileen M. Cannon to permit the government to keep to examine classified documents even while it complies with the others of her order for a particular master or independent alternative party to review another documents seized in the raid, and said if she will not achieve this by September 15, it’ll appeal the case to the 11th Circuit Court of Appeals.

The Justice Department argued that the federal government must be in a position to assess any possible harm due to the possible unauthorized disclosure of the classified records.

In a ruling Monday, Cannon sided with Trumps motion for a particular master to examine the a lot more than 11,000 materials the DOJ took from Mar-A-Lago in August and identify any materials which are shielded by attorney-client privilege or executive privilege, stopping the DOJ from continue with its overview of the materials before special masters work is complete.

Cannon shot down the governments earlier arguments a special master was unnecessary as the documents seized participate in the National Archives rather than to Trump, and that the review wasnt warranted given the DOJ has recently reviewed all of the documents itself and identified materials included in attorney-client privilege.

She ruled that a few of the materials did actually participate in Trump and a special master was essential to prevent reputational injury to Trump if privileged materials led him to be indicted, and she disagreed with the DOJs argument that Trump cannot shield materials under executive privilege from the specific executive branch.

Surprising Fact

Legal experts have widely criticized Cannons order and decision to block a continuing government investigation, describing the ruling and the judges reasoning to the NY Times as deeply problematic, radical, laughably bad and genuinely unprecedented.

Chief Critic

Trump criticized the DOJ because of its intention to appeal the ruling on Thursday, writing on Truth Social that the DOJ would spend Huge amount of money, & vast levels of Time & Energy on the appeal rather than fighting crime. The former president also praised Cannonwhom he nominated to the federal benchas an excellent and courageous Judge whose words of wisdom rang true throughout our Nation.

WHAT THINGS TO WATCH OUT FOR

Trumps attorneys and the Justice Department are scheduled to provide a listing of potential special master candidates to the district court on Friday, though it remains to be observed what impact the obtain a stay and potential appeal could have on the proceedings.

What We Dont Know

What effect the ongoing court battle over a particular master could have on the investigation. The Justice Department has argued that the special masters review will impede its investigation by causing a delay, and also if the federal government ultimately gets an appeals court to rule within their favor, the court proceedings will still likely acquire the probe. Courts may also need to determine whether Trump can shield documents under executive privilege from the White House, which legal experts have said they dont believe he’s got the power to accomplish. Vox notes the ongoing legal battle could delay the investigation by months as well as years, given its unclear just how long it will require for the appeals court to rule on the case and the chance it might then visit the Supreme Court.

Key Background

Trump asked Cannon to appoint a particular master fourteen days following the FBI searched Mar-A-Lago on August 8, after Trump and his attorneys allegedly didn’t give back all of the White House documents being kept at Mar-A-Lago, including a huge selection of classified and top-secret documents. The Justice Department is investigating whether Trump violated three federal statutes by mishandling the federal government documents, like the Espionage Act, and alleged in court filings it believes the ex-president obstructed the governments probe by failing woefully to turn over all of the documents he previously readily available and conceal[ing] them even with being served a grand jury subpoena. It had been unclear if the DOJ would appeal Cannons ruling in the event, and legal experts speculated to the Times the federal government could just accept a particular master instead of risk the further delays of an extended court battle. Other legal experts said they thought the DOJ should appeal the case, however, in order to not allow perceived flaws with Cannons ruling stand.

Further Reading

Judge Sides With Trump, Grants Special Master TO EXAMINE Mar-A-Lago Documents (Forbes)

Deeply Problematic: Experts Question Judges Intervention in Trump Inquiry (NY Times)

Read More

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