Trump’s packing of the federal courts with judges chosen by Federalist Society is already reaping dividends.
Despite the fact that the DOJ’s filter team had already examined the documents and set aside those that might be protected by the attorney-client privilege, Judge Cannon empowered a yet-to-be-named special master to inspect the documents. Pursuant to the judge’s order, the special master’s remit will also include sorting them for any protected by executive privilege.
After consultation with the acting national archivist, President Joe Biden declined to assert executive privilege over the seized documents. Moreover, it is not the role of a special master to make determinations about executive privilege. Judge Cannon ruled that while the special master peruses the documents, the DOJ must halt its review and use of any of the materials seized from Mar-a-Lago for investigative purposes. But she did allow the government to continue its review and use of the seized materials “for purposes of intelligence classification and national security assessments.”
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