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Steph Bazzle
4 years, 1 month ago

“This Is Dead Wrong” Former Federal Prosecutor On Trump-Appointed Judge’s Special Master Order

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After boxes of documents, allegedly illegally removed from the White House, were seized from Donald Trump’s Florida home, the former president requested a special master be appointed to oversee the FBI’s examination of the evidence. It seems likely his request will be granted, and in the meantime, a former federal prosecutor is sounding the alarm on the unusual way in which a (Trump-appointed) judge is handling the case.

CNN reported last week that Trump’s initial filing requesting a special master was insufficient, and that U.S. District Court Judge Aileen Cannon requested he re-file, which he did, although seeming to fall short of actually responding to some of the judge’s questions. Still, Judge Cannon says she’s inclined to grant the request. According to Politico, she’s also ordered the Justice Department to submit a more detailed list of the items removed from Trump’s home, with a Tuesday deadline.

Though Cannon has emphasized that this preliminary order is not her final word on the matter, former federal prosecutor Glen Kirschner says that he’s never seen anything like this — Cannon’s preliminary order came without waiting for the Justice Department to file a response.

In 30 years of prosecuting cases, I never saw a judge make up her mind on an issue BEFORE the other party had an opportunity to respond to the request. This is dead wrong.

Note: this judge, Aileen Cannon, was confirmed by Mitch McConnell’s Senate AFTER Trump lost the election. https://t.co/AmFa1QVUBz — Glenn Kirschner (@glennkirschner2) August 28, 2022

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Trump then has until the following evening, August 31st, to file a reply to that response, and a hearing is scheduled for Thursday, September first.

The CNN article linked above mentions that Trump’s filing did not make any claims of attorney-client privilege, though the special master is typically used to help sort out items that may be covered by privilege. As previously reported, the affidavit filed in the case included provisions to protect privileged material.
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