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A federal judge on Monday granted former president Donald Trump’s request for an independent arbiter known as a special master to review documents seized from his Florida home during an FBI search last month.
US District Judge Aileen Cannons decision is a victory for Trump in his legal battle with the government over sensitive materials he removed from the White House and stored at his Mar-a-Lago estate.
The FBI recovered more than 100 classified documents during its August 8 search of the property, including some marked as top secret. The US justice department is investigating whether Trump may have broken the law by mishandling the material.
According to Cannon’s decision, the government will be temporarily prohibited from reviewing the documents until the special master completes his or her review, which will determine whether any of the files are privileged and should therefore be excluded from the probe.
Cannon, a Trump appointee, wrote in her order that there was a need to ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented.
A separate security review led by the Office of the Director of National Intelligence to determine whether national security has been compromised will be allowed to continue.
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While allowing a special master to review the materials may slow down the government’s investigation, it is unlikely to shape its eventual outcome.
Trump had requested freezing further investigation of the documents until a third-party vetter could determine whether some portions should be excluded because of executive or attorney-client privilege.
Cannon ruled in his favor over the objection of the justice department. The DoJ has already completed its own review of whether the materials are subject to attorney-client privilege and said it found a small number of records that should be excluded.
Trump faces other legal problems as he considers another run for the White House in 2024. The justice department is also under pressure to investigate his role in the January 6 attack on the US Capitol, and a grand jury in Georgia is investigating whether he and those around him broke the law by attempting to overturn the states 2020 presidential election result.
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