Politics

Federal Judge Grants Trump Request for Independent Special Master in Document Search

On Monday, U.S. District Judge Aileen Cannon approved former President Trump’s bid for an independent review of documents seized by the FBI from Trump’s Mar-a-Lago residence, throwing a monkey wrench into the Biden Regime’s efforts to “get” the former president.

Breitbart reported:

The appointment is likely to slow the pace of the department’s investigation into the presence of top-secret information at Mar-a-Lago given the judge’s directive that the Justice Department may not for the moment use any of the seized materials for investigative purposes. But it is not clear that it will have any significant effect on any investigative decisions or the ultimate outcome of the probe.

Cannon, who was nominated to the bench by Trump in 2020, said she would permit the continuation of a risk assessment of the documents being conducted by the U.S. intelligence community.

Trump’s lawyers had argued that a special master — usually an outside lawyer or former judge — was necessary to ensure an independent review of records taken during the Aug. 8 search. Such a review was necessary, they have said, so that any personal information or documents recovered by the FBI could be filtered out and returned to Trump and so that any documents protected by attorney-client privilege or executive privilege could also be segregated from the rest of the investigation.

The Daily Mail also noted:

‘Upon full consideration of the parties’ arguments and the exceptional circumstances presented, the Court deems the exercise of equitable jurisdiction over this action to be warranted,’ Judge Cannon wrote.

She agreed with the government that there has been no showing of ‘callous disregard for Plaintiff’s constitutional rights’ through the search, which came after months of back-and-forth and following a subpoena for other documents.

But she also cited documents uncovered by a Privilege Review Team that seized materials include ‘medical documents, correspondence related to taxes, and accounting information.’

She said the government acknowledged seizing some personal effects ‘without evidentiary value,’ with ‘upwards of 500 pages of material potentially subject to attorney-client privilege.’

She cited a ‘Detailed Property Inventory’ where the government said agents seized ‘approximately 11,000 documents and 1,800 other items from the office and storage room’ at Mar-a-Lago.

Her ruling also cited the risk 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.

“As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude,” Judge Cannon added.

The judge rejected the government’s comparison of Trump’s request to a “drug dealer in a case who pleaded guilty to dealing cocaine, then sought the return of $140,000 seized during a raid,” the Daily Mail said.

“Plaintiff has not pled guilty to any crimes; the Government has not clearly explained how Plaintiff’s hands are unclean with respect to the personal materials seized; and in any event, this is not a situation in which there is no room to doubt the immediately apparent incriminating nature of the seized material, as in the case of the sale of cocaine,” Judge Cannon wrote.

Here’s the complete order, courtesy of the Gateway Pundit’s Jim Hoft:

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Joe Newby

A 10-year veteran of the U.S. Marine Corps, Joe ran for a city council position in Riverside, Calif., in 1991 and managed successful campaigns for the Idaho state legislature. Co-author of "Banned: How Facebook enables militant Islamic jihad," Joe wrote for Examiner.com from 2010 until it closed in 2016 and his work has been published at Newsbusters, Spokane Faith and Values and other sites. He now runs the Conservative Firing Line.

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