Judge Appoints Special Master, Temporarily Bars FBI/DOJ Review Or Use Of Records Seized in Mar-a-Lago Raid
Legal Insurrection by William A. Jacobson Monday, September 5, 2022
https://legalinsurrection.com/2022/09/judge-appoints-special-master-temporarily-bars-fbi-doj-review-or-use-of-records-seized-in-mar-a-lago-raid/“The Court hereby authorizes the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorneyclient and/or executive privilege…. [and] also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.”Federal Judge Aileen M. Cannon has granted Donald Trump’s Motion for Judicial Oversight of the FBI/DOJ handling of records and other things seized during the Mar-a-Lago Raid.
The Order entered today provides, in relevant part (emphasis added):
Pursuant to the Court’s equitable jurisdiction and inherent supervisory authority, and mindful of the need to ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented, Plaintiff’s Motion [ECF No. 1] is GRANTED IN PART. The Court hereby authorizes the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorneyclient and/or executive privilege. Furthermore, in natural conjunction with that appointment, and consistent with the value and sequence of special master procedures, the Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order. This Order shall not impede the classification review and/or intelligence assessment by the Office of the Director of National Intelligence (“ODNI”) as described in the Government’s Notice of Receipt of Preliminary Order [ECF No. 31 p. 2].
Expect an emergency appeal.
MORE TO FOLLOWFrom the Order, Team Trump promptly requested DOJ agree to a Special Master. But as I’ve pointed out before, Team Trump took almost two weeks to file its court motion.
Shortly after the search of the residence, Plaintiff’s counsel spoke with the Government and requested the following: a copy of the affidavit in support of the warrant; the Government’s consent to the appointment of a special master “to protect the integrity of privileged documents”; a detailed list of what was taken from the residence and from where exactly; and an opportunity to inspect the seized property [ECF No. 1 pp. 8–9]. The Government denied those requests [ECF No. 1 p. 9].5
5 The exact date of that conversation is unclear, but all agree that the conversation took place soon after the search. Plaintiff references August 11, 2022, in the Motion, three days after the search (and eleven days prior to the filing of the Motion). The Government does not offer a different view in its Response or otherwise challenge the substance of the rejected requests. Counsel for the Government stated during the hearing that Plaintiff’s request for a special master was rejected on August 9, 2022, the morning after the search.
More at link.