A US federal judge on Monday granted a request by former president Donald Trump’s legal team to appoint a special master to review documents seized by the FBI from his Florida home last month and also temporarily halted the Justice Department’s use of the records for investigative purposes.
The decision by US District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents.
The judge had previously signalled her inclination to approve a special master, asking a department lawyer during arguments this month: “What is the harm?”
The appointment is likely to slow the pace of the department’s investigation into the presence of top secret information at Mar-a-Lago, given the judge’s directive that the Justice Department may not, for the moment, use any of the seized materials for investigative purposes.
But it is not clear that it will have any significant effect on any investigative decisions or the ultimate outcome of the probe.
Ms Cannon, who was nominated to the bench by Mr Trump in 2020, said she would permit the continuation of a risk assessment of the documents being conducted by the US intelligence community.
FBI raid on Trump's Mar-a-Lago estate — in pictures
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A redacted FBI photograph of classified documents recovered from a container in former president Donald Trump's estate at Mar-a-Lago in Palm Beach, Florida. Reuters -
The FBI searched Mr Trump's home over what it said were 'likely' efforts to conceal classified files. AFP -
The Mar-a-Lago property was raided by agents on August 8. Reuters -
Pages from a Department of Justice court filing in response to a request from Mr Trump's legal team for a 'special master' to review the documents seized. AP -
Journalists read a heavily redacted court document relating to the FBI search. AP -
The former president condemned the raid as 'the weaponisation of the justice system'. AP -
Pages from a Department of Justice court filing, in response to a request from Mr Trump's legal team. AP -
Mr Trump had faced accusations of deleting private communications during investigations into his alleged role in the storming of the Capitol building on January 6 by his supporters. Reuters -
Mr Trump departs Trump Tower for a deposition two days after the FBI agents raided his Mar-a-Lago home. Reuters -
Pages of entirely redacted information in the released version of an affidavit from the US Justice Department that was submitted to a judge to support the execution of the FBI search warrant. Reuters -
Mr Trump was also accused of taking a trove of classified documents from the White House, leading to speculation that those missing documents could have been the focus of the raid. Reuters -
Mr Trump set up his Save America political action committee days after losing the 2020 election to Joe Biden. EPA -
A Trump supporter outside the Paul S Rogers Federal Building and US Courthouse in West Palm Beach, Florida. AP -
Mr Trump reportedly had more than 300 classified documents at Mar-a-Lago. AP -
US Attorney General Merrick Garland speaks about the FBI's search warrant. Reuters
Mr Trump’s lawyers had argued that a special master — usually an outside lawyer or former judge — was necessary to ensure an independent review of records taken during the August 8 search.
Such a review was necessary, they have said, so that any personal information or documents recovered by the FBI could be filtered out and returned to Mr Trump and so that any documents protected by attorney-client or executive privilege could also be segregated from the rest of the investigation.
The Justice Department had argued against the appointment, saying it was unnecessary since it had already reviewed potentially privileged documents and identified a limited subset of materials that could be covered by attorney-client privilege.
It also said Mr Trump was not entitled to the return of any of the presidential records that were taken since he is no longer president and the documents therefore do not belong to him.
And personal items that were recovered were commingled with classified information, giving them potential value as evidence, the department has said.
Donald Trump supporters outside Mar-a-Lago — in pictures
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Supporters of former US president Donald Trump protest against the FBI raid at Mar-a-Lago in Palm Beach, Florida. South Florida Sun-Sentinel / AP -
Trump supporters demonstrate outside Mar-a-Lago. Bloomberg -
Trump supporters wave flags and hold signs outside Mar-a-Lago after the FBI carried out a search warrant at the former president's residence. EPA -
Mr Trump is facing intensified legal and political pressure after FBI agents searched his Florida home to investigate whether he took classified documents from the White House when he left office. Bloomberg -
Supporters of Mr Trump demonstrate outside Mar-a-Lago in Palm Beach. Bloomberg -
A Trump supporter waves a flag outside Mar-a-Lago. Bloomberg -
A Trump supporter drives past the former president's estate. AP -
Trump supporters, members of the media and law enforcement gather near Mar-a-Lago. The Palm Beach Post / AP -
A flag flies in the air near former President Donald Trump's Mar-a-Lago estate. AP -
A Trump supporter holds the Betsy Ross flag at a gathering outside the former president's Mar-a-Lago home. Reuters
