“This is definitely going to insert some delay, but the court didn’t say that the government has to stop investigating.” A legal expert discusses the ruling to appoint a special master to examine the documents that F.B.I. agents found at Mar-a-Lago.
as part of an ongoing investigation into his handling of the documents since leaving office. The judge, Aileen M. Cannon, who was appointed by Trump in 2020, ruled that the Department of Justice would also have to cease using the materials in its investigation until the special master had reviewed them for attorney-client privilege and executive privilege. It remains unclear whether the D.O.J.
So your sense is that an appeals process would take longer than it would for the special master to go through these documents?My understanding is that granting special-master review for executive privilege is a more extreme step than it is for attorney-client privilege. Is that right? There’s certainly no separation-of-powers issue, because it’s all within the executive branch. Earlier this year, in Trump v. Thompson, Justice Brett Kavanaugh indicated that there may be some room for a former executive to assert executive privilege.
Judge Cannon seemed to go out of her way to stress the unique nature of this case and that Trump is a former President. Do you think that’s appropriate? I mean, obviously he is a former President. This case is unique. It would be silly to deny it. At the same time, you want to make sure people are given the same benefits with regard to the law.
I’m not going to impugn her on partisanship. I just think that the analysis is, first of all, really brief. It’s not persuasive legally.About an appeal, you suggested that it could take longer than the review by the special master. And so the D.O.J. may not want to do it.
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