DOJ Takes a Risk to Challenge Special-Master Order in Trump Case

The government should prevail on its limited appeal, but probably at the cost of some delay in a matter prosecutors say is urgent.

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Left: Former president Donald Trump at the NRA convention in Houston, Texas, May 27, 2022. Right: Trump’s Mar-a-Lago resort in Palm Beach, Fla., in 2021.

Shannon Stapleton, Marco Bello/Reuters

Late Friday, the Justice Department filed a limited appeal of Judge Aileen Cannon’s order granting former president Donald Trump’s request for a special master to conduct a privilege review of documents seized by the FBI last month from his Mar-a-Lago estate, pursuant to a search warrant.

Specifically, the government’s appeal to the Eleventh Circuit, styled as a “motion for partial stay pending appeal,” narrowly challenges those parts of Judge Cannon’s rulings that (a) preclude investigators from using approximately 100 seized documents with classified markings in connection with DOJ’s criminal investigation of Trump; and (b) compel the government to submit those documents to the special master’s privilege review.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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