“In connection with Plaintiff’s past position as President of the United States, the stigma attached to the seizure of the subject matter is of its own,” Cannon wrote. “A future indictment, based in any degree on assets that should be returned, would result in reputational damage of a distinctly different order of magnitude.” Cannon ordered a third-party lawyer, outside the government, be brought in to review the materials taken from Trump’s Florida home and resort. It also prevents the Justice Department from continuing its review of materials seized from Mar-a-Lago “pending the completion of the master’s special review or further court order.” Both sides have until Friday to name a special captain candidate and their specific duties. Trump’s lawyers argued that a special master was needed because they don’t trust the Justice Department to fairly identify privileged materials that should be excluded from the ongoing criminal investigation. Federal prosecutors will likely appeal that decision. The Justice Department said its own “filter team” has already completed its review of the Mar-a-Lago documents — and found a small set of privileged attorney-client records. The judge said the special master would be tasked with screening “seized property for personal effects and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege.” However, classification review and intelligence assessments conducted by the Office of the Director of National Intelligence will be allowed to continue.
FBI obtained medical and tax information on Trump in search, judge says
The Justice Department also obtained “tax-related correspondence” and medical records during the investigation, according to the privilege panel report that remains sealed but Cannon described Monday. Cannon noted that Justice Department lawyers had acknowledged that he seized some “[p]personal effects without probative value,” as well as 500 pages of material that may be subject to attorney-client privilege. He wrote that Trump’s “personal interest and need for the seized property” was a reason to rule in favor of Trump’s requests for a special master. Cannon also said the privilege review panel’s report described “at least two instances in which members of the investigative team were exposed to material that was subsequently turned over to the Privilege Review Panel.” “These cases alone, even if completely unintentional, raise questions about the adequacy of the filter,” he wrote.
Friday deadline for Trump, DOJ to nominate special master candidate
Cannon set a Friday deadline for Trump’s lawyers and Justice Department prosecutors to negotiate the special master’s “duties and limitations” and submit a list of potential candidates to serve in the role.
He also wants both sides to propose a timeline for the master’s special review and spell out how the individual will be compensated for his work.
“The exact details and mechanics of this review process will be decided expeditiously upon receipt of the parties’ submissions,” Cannon wrote.
If the two sides do not agree on parameters for the soon-to-be-appointed special master, they will have to explain their differences in a court filing.
This story is breaking and will be updated.
