Former President Trump speaks at Mar-a-Lago on November 15. Photo: Eva Marie Uzcategui/Bloomberg via Getty Images
An appeals court ruled on Thursday to overturn the appointment of a special master to review documents seized from former President Trump’s Mar-a-Lago residence.
Why is this important: It’s a major defeat for Trump and a win for the Justice Department, which pushed to end third-party review. The decision allows the DOJ to continue its investigation into the former president’s handling of classified documents.
What they say : “The law is clear,” the appeals court wrote. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the warrant is executed. Nor can we write a rule that only allows former presidents to do so. »
- “Either approach would be a radical reorganization of our jurisprudence limiting the involvement of federal courts in criminal investigations. And both would violate the fundamental limits of the separation of powers.
- “As a result, we agree with the government that the District Court erroneously exercised equitable jurisdiction and that dismissal of the entire proceeding is required,” he continued.
- “Creating a special exception here would go against our nation’s fundamental principle that our law applies ‘to all, regardless of number, wealth or rank.’ “”
How did it happen: The decision comes after a three-member panel of the United States Court of Appeals for the 11th Circuit last week seemed inclined to accept the DOJ’s appeal of the appointment of the special master during oral arguments.
- The DOJ argued that a federal judge “erred in ordering a special review by a master for claims of executive and attorney-client privilege and barring the government from using the documents seized in the interim.”
- Trump sought out the special master, arguing that some of the records may be protected by attorney-client privilege or executive privilege.
The big picture: District Court Judge Aileen Cannon, a Trump appointee, had granted her request and appointed former New York federal judge Raymond Dearie as special master after Trump’s team nominated him and that the DOJ agreed.
To note: The tri-panel judge includes Chief Circuit Judge William Pryor, appointed by Bush, and two justices appointed by Trump.
State of play: The DOJ has appointed Jack Smith to oversee federal criminal investigations into Trump’s handling of classified documents and efforts to overturn the 2020 election results.
Editor’s Note: This story has been updated with additional information and reports.
