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The Investigation Into Trump May Not Go the Way it Should [1]

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Date: 2022-09-06

source: CNBC

Trump-appointed district judge, Aileen Cannon, “granted in part” his request for a special master to review the documents collected by the FBI during their search of his Mar-a-Lago estate on August 8. The judge also put a stop to the Department of Justice’s analysis of the documents until the special master reviews the documents. The move has shocked legal experts.

The judge noted that “The Court hereby authorizes the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney- client and/or executive privilege.” In halting the investigation, the judge said that “The Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.” The result is that the Department of Justice’s criminal investigation into Trump has been put on hold.

The move is bizarre because it suggests that Trump could take government property, lose some of it, and claim that some of that property may belong to him and that the investigation should come to a stop. Legal expert, Elie Mystal, accused the judge of being “biased and corrupt” , arguing that executive privilege, which Trump claimed, does not extend to a former president. Experts interviewed by the New York Times, called the decision, “deeply problematic” . Until the judge’s ruling, few believed that she would rule in Trump;’s favor, given that the FBI had already finished its process of determining the privileged materials, and was ready to hand them over. Appointing a special master merely repeats the FBI’s work, and, more importantly for Trump, slows down the investigation, and allows him to argue that materials taken by the FBI fell under executive privilege. This is a move by Trump to change the terrain of the investigation and limit exposure and undermine the FBI’s case.

Although the judge did not stop the Office of the Director of Intelligence from reviewing the classified material, her decision is a massive red flag that the course of this case may not lead toward justice. Despite Trump’s legal team being incredibly inept, she has ruled in favor of Trump multiple times and been very accommodating toward them. They have not had to bring their A game to get results few legal experts believed they could. Even she asked them why they had taken two weeks to file for a special master, and was very accommodating in basically asking them what they wanted, because their highly politically charged filings lacked concrete legal arguments. They have been able to get by regardless. That is troubling for the future of the investigation.

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[1] Url: https://www.dailykos.com/stories/2022/9/6/2121223/-The-Investigation-Into-Trump-May-Not-Go-the-Way-it-Should

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