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 also temporarily halted the Justice Department's own 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 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. 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 immediately respond to a request for comment.
In this case, the seized records “include medical documents, correspondence related to taxes, and accounting information,” according to the judge's order. “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.”
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