DOJ Appeals Judge’s Special Main Ruling in Trump Mar-a-Lago Case | national news

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The Justice Department on Thursday filed a notice of appeal regarding a judge’s controversial order granting former President Donald Trump’s request to appoint a third party to review thousands of documents recovered from his Florida estate before the Friday’s deadline to work with the former president’s legal team on the move.

With the decision – which has sparked much speculation in the three days since US District Court Judge Aileen Cannon sided with Trump on his request for a special master – the case is now before the 11th United States Circuit Court of Appeals, appointed by Trump, in what some have said is a gamble for the Justice Department. But the details of what’s included in the call itself remain unclear.

After Cannon agreed to appoint someone to review documents recovered from Mar-a-Lago during the August 8 search, while temporarily blocking the Justice Department from continuing parts of its investigation, the way forward for the agency remained unclear. The granting of a special master’s degree delayed the investigation, but so did the appeal of the decision. Still, some have argued that choosing not to appeal, or to lose an appeal, could set a dangerous precedent for the rights — and powers — of presidents who are no longer in office.

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Cannon’s decision, released on Monday, came after the Trump-appointed judge expressed “preliminary intent” to grant the former president’s request before he even heard from the Justice Department in a move. unusual that added to the already non-traditional delayed request by the Trump team to appoint a special master, which some have speculated was his latest attempt to slow or stop an investigation into his conduct as the FBI recovered thousands of documents – some of which had classified marks – from his home in Mar-a-Lago.

Cannon explained that “these unprecedented circumstances call for a brief pause to allow neutral third-party review to ensure a fair process with adequate safeguards.”

The judge ordered the Justice Department and Trump’s legal team to confer and submit a joint filing including a list of proposed candidates for the special master’s degree and a proposal outlining the duties and limitations of the individual d here Friday.

The Justice Department argued that Trump’s request for a special petty officer is “unnecessary,” saying it would “significantly harm important government interests, including national security interests.” Cannon appeared to agree with the national security concerns, allowing the Office of the Director of National Intelligence to pursue parts of its investigation related to “intelligence classifications and national security assessments.”

Meanwhile, Trump’s legal team criticized the Justice Department’s handling of the documents, arguing that “without oversight, the DOJ will challenge, disclose, and publish selective aspects of their investigation,” suggesting that without a special master, he should “somehow trust the restraint of currently unchecked investigators. The team also argued that the FBI’s search of Trump’s Mar-a-Lago home violated Fourth Amendment rights. of the former president.

Cannon disagreed with Trump’s legal team on Monday, writing that “the Court agrees with the government that, at least on the basis of the record to date, there has been no compelling demonstration of callous disregard for the plaintiff’s constitutional rights”.

But the judge also argued that Trump had an individual interest in the seized assets and that retaining the seized materials could put Trump “at risk of injury,” writing that “based on the plaintiff’s former position as As President of the United States, the stigma associated with the subject’s crisis is unique.”

“A future indictment, based in any degree on assets that should be returned, would result in reputational damage of a decidedly different order of magnitude,” Cannon wrote.

The claim – that the former president’s situation is in a ‘class of its own’ – drew intense criticism from legal experts, who argued that the judge had created an entirely new legal standard with this argument.

Cannon also concluded on Monday that she was “unconvinced” by the government’s rejection of Trump’s executive privilege claims on which the special master’s request was hinged, largely deferring to the special master on the issue of executive privilege, which some pundits have also pushed back.

“I think this order may be problematic, in that it allows the special master to examine executive privilege without really defining what it means,” PBS said, citing former US attorney Barbara McQuade. “A special master does not make legal decisions. A special master does the sorting work.

Others criticized Cannon’s order to examine the documents by the Justice Department, while allowing another government office to pursue its national security concerns – arguing that the judge should not separate the two elements of the investigation.

Also on Thursday, the Justice Department asked Cannon to stay its decision preventing the Justice Department from proceeding with parts of its investigation, arguing that its criminal investigation and national security risk assessment are “inextricably linked.” “.

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