Please ensure Javascript is enabled for purposes of website accessibility

Despite Last-Minute Changes, Senate Bill Deals Big Blow to Renewable Energy

6 hours ago

Trump-Backed Tax-Cut and Spending Bill Passes US Senate

8 hours ago

Homeland Security Secretary Noem Says CNN May Be Prosecuted Over Report on Migration App

8 hours ago

Israeli Officials to Hold Ceasefire Talks in Washington Amid Military Escalation in Gaza

9 hours ago

Trump Escalates Feud With Musk, Threatens Tesla, SpaceX Support

9 hours ago

Musk Vows to Punish Lawmakers Who Back Trump’s Spending Bill

1 day ago

Will Valadao Spoil Trump’s Plan for July 4th ‘Big Beautiful Bill’ Signing?

1 day ago

Shaver Lake and Reedley 4th of July Shows Are Wednesday. Who Else Is Celebrating?

1 day ago
Judge Grants Trump Bid for Special Master in Document Search
gvw_ap_news
By Associated Press
Published 3 years ago on
September 6, 2022

Share

 

In a legal victory for former President Donald Trump, a federal judge on Monday granted his request for a special master to review documents seized by the FBI from his Florida home and temporarily halted the Justice Department’s use of the records for investigative purposes.

The decision by U.S. District Judge Aileen Cannon authorizes an outside legal expert to review the records taken during the Aug. 8 search and to weed out from the rest of the investigation any that might be protected by claims of attorney-client privilege or executive privilege. Some of those records may ultimately be returned to Trump, but the judge put off a ruling on that question.

The order came despite the strenuous objections of the Justice Department, which said a special master was not necessary in part because officials had already completed their review of potentially privileged documents. The department said Monday that it was reviewing the decision but did not indicate if and when it might appeal.

The order almost certainly slows the pace of the department’s investigation into the presence of top-secret information at Mar-a-Lago, particularly given the judge’s directive that the Justice Department may not for the moment use any of the seized materials as part of its investigation into the storage of government secrets at the Florida property. The injunction is in place until the yet-to-be-named special master completes his or her work, or until “further court order.”

“The Court is mindful that restraints on criminal prosecutions are disfavored, but finds that these unprecedented circumstances call for a brief pause to allow for neutral, third-party review to ensure a just process with adequate safeguards,” Cannon, a Trump appointee, wrote in her 24-page order.

Even so, it is not clear that the decision will present a long-term impediment to the investigation’s progress or significantly affect investigative decisions or the ultimate outcome of the probe. And a separate assessment by the U.S. intelligence community of the risk posed by the apparent mishandling of classified records will continue under the judge’s order.

“While this is a victory for the former President, it is by no means an overwhelming win for him,” David Weinstein, a Florida criminal defense lawyer and former Justice Department prosecutor, said in an email. “While it is a setback for the government, it is also not a devastating loss for them.”

He noted, for instance, that the judge did not immediately order the seized documents returned to Trump or suppress any of the evidence.

Justice Department spokesman Anthony Coley said Monday that “the United States is examining the opinion and will consider appropriate next steps in the ongoing litigation.” A lawyer for Trump did not respond to a request for comment.

The department and Trump’s lawyers are to submit by Friday a list of proposed special master candidates.

FBI agents in August seized roughly 11,000 documents and 1,800 other items from Mar-a-Lago as part of a criminal investigation into the retention of national defense information there, as well as into efforts to obstruct the probe. About 100 of the documents contained classification markings.

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 search and so that any personal information or documents could be filtered out and returned to Trump.

In this case, the seized records “include medical documents, correspondence related to taxes, and accounting information,” the judge’s order said.

Cannon said it was too soon to know whether Trump will be entitled to the return of any of the records, but “for now, the circumstances surrounding the seizure in this case and the associated need for adequate procedural safeguards are sufficiently compelling to at least get Plaintiff past the courthouse doors.”

She also said she found persuasive his lawyers’ arguments that he faced potentially “irreparable injury” by being denied access to records that might be of significant personal interest to him. She said the investigative process had, so far, been “closed off” to him.

“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,” Cannon wrote. “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.”

The Justice Department had argued against the appointment, saying it was unnecessary because it had already reviewed potentially privileged documents and identified a limited subset that could be covered by attorney-client privilege.

The department had been using a separate “privilege review team” for that work, but Cannon cited at least two instances in which members of the investigative team were “exposed” to potentially privileged material, something she said raised questions about the adequacy of the process.

The department had also said Trump was not entitled to the return of any of the presidential records that were taken since he is no longer president and the documents therefore do not belong to him. And personal items that were recovered were commingled with classified information, giving them potential evidentiary value, the department said.

Though prosecutors had argued that Trump, as a former president, had no legal basis to assert executive privilege over the documents, the judge said he was entitled to raise it as a concern and permitted the special master to look for records that might be covered by that privilege.

“The major sticking point, I think, is that the executive privilege documents were included” in the judge’s decision, said Florida criminal defense lawyer Richard Serafini, a former Justice Department prosecutor.

Cannon, who was nominated by Trump in 2020, had signaled last month that she was inclined to appoint a special master and did so again during arguments last week, asking at one point, “Ultimately, what is the harm in the appointment of a special master to sort through these issues without creating undue delay?”

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Merced Police Seek Help Finding Missing 79-Year-Old Man

DON'T MISS

Trump Says Israel Has Agreed to Conditions to Finalize 60-Day Gaza Ceasefire

DON'T MISS

Fresno County Man Arrested for Suspected Arson Hours After Separate Wildfire

DON'T MISS

New California Environmental Rollbacks Could Boost Housing Projects in Fresno

DON'T MISS

Iran Made Preparations to Mine the Strait of Hormuz, US Sources Say

DON'T MISS

Fresno Unified’s Embattled Nikki Henry Exits. ‘I Own My Mistake. I Won’t Let It Own Me.’

DON'T MISS

Trump Floats Daughter-in-Law Lara Trump for Senate Run in North Carolina

DON'T MISS

Google Hit With $314 Million US Verdict in Cellular Data Class Action

DON'T MISS

Tulare County Wildfire Prompts Advisory in Three Rivers Area

DON'T MISS

O’Brien Launches Fresno County Schools Chief Campaign by Handing Out ‘Homework’

UP NEXT

What Is Juneteenth and When Did It Become a US Federal Holiday?

UP NEXT

US B-2 Bombers, Bunker-Busters and Alternatives

UP NEXT

US Social Security, Medicare to Run Short of Funds in 2033, Trustees Say

UP NEXT

How Close Is Iran to Having Nuclear Weapons?

UP NEXT

Nippon Steel’s Purchase of US Steel Closes, With Big Role for Trump

UP NEXT

‘Who’s Running the White House?’ Trump Brings Back ICE Raids on Farms, Restaurants

UP NEXT

Houthi Official Says Group Will Intervene to Support Iran Against Israel

UP NEXT

Obama Steps Back Into Public Eye at a Stormy Political Moment

UP NEXT

Trump Says US Won’t Kill Iranian Leader ‘for Now’ as Israel-Iran Air War Rages On

UP NEXT

Israel Says Attacks on Iran Are Nothing Compared With What Is Coming

New California Environmental Rollbacks Could Boost Housing Projects in Fresno

60 minutes ago

Iran Made Preparations to Mine the Strait of Hormuz, US Sources Say

1 hour ago

Fresno Unified’s Embattled Nikki Henry Exits. ‘I Own My Mistake. I Won’t Let It Own Me.’

1 hour ago

Trump Floats Daughter-in-Law Lara Trump for Senate Run in North Carolina

1 hour ago

Google Hit With $314 Million US Verdict in Cellular Data Class Action

2 hours ago

Tulare County Wildfire Prompts Advisory in Three Rivers Area

3 hours ago

O’Brien Launches Fresno County Schools Chief Campaign by Handing Out ‘Homework’

3 hours ago

Trump Says US Could Reach Trade Deal With India, Casts Doubt on Deal With Japan

3 hours ago

Jury Reaches Verdict on Some Counts at Sean ‘Diddy’ Combs’ Sex Trafficking Trial

3 hours ago

How Wimbledon Is Tackling Its Hottest Opening on Record

3 hours ago

Merced Police Seek Help Finding Missing 79-Year-Old Man

Police are asking for the public’s help in finding a missing 79-year-old man last seen Tuesday morning in downtown Merced. Charles Oak Sr. w...

2 minutes ago

Merced police are searching for Charles Oak Sr., 19, who was last seen Monday, July 1, 2025, morning in a wheelchair near 13th and M streets. (Merced PD)
2 minutes ago

Merced Police Seek Help Finding Missing 79-Year-Old Man

An Israeli military convoy manoeuvres near the Israel-Gaza border, as seen from Israel, July 1, 2025. (Reuters/Amir Cohen)
24 minutes ago

Trump Says Israel Has Agreed to Conditions to Finalize 60-Day Gaza Ceasefire

Abel Joel Garcia Zarate, 39, of Biola, was arrested Sunday, June, 30, 2025, in Madera County on suspicion of starting a wildfire just hours after crews responded to a separate blaze sparked by farm equipment. (Madera County SO)
41 minutes ago

Fresno County Man Arrested for Suspected Arson Hours After Separate Wildfire

60 minutes ago

New California Environmental Rollbacks Could Boost Housing Projects in Fresno

An aerial view of the Iranian shores and the island of Qeshm in the strait of Hormuz, December 10, 2023. REUTERSStringerFile Photo
1 hour ago

Iran Made Preparations to Mine the Strait of Hormuz, US Sources Say

1 hour ago

Fresno Unified’s Embattled Nikki Henry Exits. ‘I Own My Mistake. I Won’t Let It Own Me.’

Lara Trump looks on during Republican presidential nominee and former U.S. President Donald Trump's rally, at the Palm Beach County Convention Center in West Palm Beach, Florida, U.S., November 6, 2024. (Reuters File)
1 hour ago

Trump Floats Daughter-in-Law Lara Trump for Senate Run in North Carolina

A Google logo is seen at a company research facility in Mountain View, California, U.S., May 13, 2025. (Reuters File)
2 hours ago

Google Hit With $314 Million US Verdict in Cellular Data Class Action

Help continue the work that gets you the news that matters most.

Search

Send this to a friend