(The Guardian) Attorneys working to Friday deadline over 'special master'
Lawyers for Donald Trump are conferring with justice department counterparts to come up by Friday with a list of possible candidates to be the “special master” approved by a district court judge over the former president’s hoarding of classified documents.
Aileen Cannon’s surprise ruling on Monday has delayed the department’s inquiry into Trump’s possession of government documents at his Florida residence. Some law experts are pointing out the “deeply problematic” nature of the decision, and the fact it was made by a jurist appointed by Trump himself.
Samuel W Buell, a Duke University law professor, told the New York Times in an email:
To any lawyer with serious federal criminal court experience who is being honest, this ruling is laughably bad, and the written justification is even flimsier. Donald Trump is getting something no one else ever gets in federal court, he’s getting it for no good reason, and it will not in the slightest reduce the ongoing howls that he is being persecuted, when he is being privileged.
Cannon’s deadline of Friday doesn’t give much time for the two sides to agree candidates to act in the role of independent arbiter, typically a retired lawyer or judge, to go through material seized by the FBI at Trump’s Mar-a-Lago mansion.
They will look be looking for any that might be beyond the scope of the warrant or protected by executive privilege or attorney-client privilege.
The attorneys must submit a joint filing to the court by Friday.
As the Guardian’s Hugo Lowell and Victoria Bekiempis report, a special master was used, for instance, to review materials seized in the searches of the homes and offices of two of Trump’s former attorneys – Rudy Giuliani and Michael Cohen.
Trump’s former attorney general, William Barr, also called the special master request a “crock of shit”, in an interview with the New York Times.
In a subsequent interview with Fox News, Barr said: “Even if [the documents] are subject to executive privilege, they still belong to the government. And any other documents that were seized… those were seize-able under the warrant”.