The search of the former president Trump’s Florida property was unprecedented, and Trump has expressed his disapproval in court and public declarations, expressing his mistrust of those responsible.
In an effort to assure greater objectivity in the review procedure, Trump has asked for a special master to independently examine the documents that were confiscated.
The DOJ had objected to that motion, claiming that a team of agency employees had previously reviewed the documents for privilege and that a special master might compromise the government’s interests in national security.
U.S. this week Aileen M. Cannon, a district judge for the Southern District of Florida, granted Trump’s request on Monday and ordered the appointment of a special master. The special master will be tasked with sorting through the materials that have been seized to find personal items and documents that are covered by the executive privilege or the attorney-client privilege.
To “review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property,” she ordered the appointment of an impartial third party.
In accordance with the order, “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 attorney- client and/or executive privilege.”
Furthermore, it continues, “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.”
But according to the government’s notice of receipt of the preliminary order, the 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.”
After three days, the Department of Justice decided to appeal Judge Cannon’s ruling and urged the judge to rescind her order prohibiting the department from continuing to study the papers, according to NBC News.
The DOJ requested Cannon to make public a notice regarding the progress of that team’s filter review process, which had been filed under seal on August 30. This request was made in another court filing on Thursday.
In the interim, both parties have presented their special master candidates:
Government’s Proposed Candidates
The Honorable Barbara S. Jones (ret. ), a retired judge of the United States District Court for the Southern District of New York, is a partner at Bracewell LLP and served as a special master in the cases In re: in the Matter of Search Warrants Executed on April 28, 2021 and In re: in the Matter of Search Warrants Executed on April 9, 2018 and In re: in the Matter of Search Warrants Executed on April 9, 2018.
The Honorable Thomas B. Griffith (ret.) is a retired circuit judge for the District of Columbia Circuit of the United States Court of Appeals, special counsel at Hunton Andrews Kurth LLP, and Harvard Law School lecturer on law.
According to Federal Election Commission (FEC) filings, Jones has given more than $5,000 to candidates as well as the Democratic National Committee (DNC) since 2019. According to records, she most recently gave former New York congressional candidate Liz Holtzman $2,900.
BREAKING: Biden Administration proposed DNC donor to serve as Special Master for Trump. pic.twitter.com/zGtNALK9iI
— Margot Cleveland (@ProfMJCleveland) September 10, 2022
The DOJ also suggested that Thomas B. Griffith be named as a special master by the court. In 2021, Biden chose Griffith, a former judge who had been selected by President George W. Bush, to serve on his newly formed U.S. The Supreme Court Presidential Commission advises the court on how to conduct itself.
More on this story via The Republic Brief:
Plaintiff’s Proposed Candidates
The Honorable Raymond J. Dearie (ret.) – former Chief Judge of the United States District Court for the Eastern District of New York, served on the Foreign Intelligence Surveillance Court, formerly the United States Attorney for the Eastern District of New York.
Paul Huck, Jr.—founder, The Huck Law Firm, former Jones Day partner, former General Counsel to the Governor, former Deputy Attorney General for the State of Florida. CONTINUE READING…