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‘Conclusive and irrefutable’: Experts explain why ‘DOJ will win’ against Judge Cannon’s special master order
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‘Conclusive and irrefutable’: Experts explain why ‘DOJ will win’ against Judge Cannon’s special master order
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Legal experts predicted that U.S. District Judge Aileen Cannon’s order assigning a special master to review documents seized from former President Donald Trump’s Mar-a-Lago residence would be struck down after an appeal from the Justice Department.
The DOJ in a 67-page filing asked the 11th Circuit Court of Appeals in Atlanta to overturn Cannon’s order and end the special master review, arguing the Trump appointee “erred” by siding with the former president.
The DOJ argued that there was no threat to Trump’s rights because the search of Mar-a-Lago was authorized by a federal judge and because Trump had no right to have the documents in the first place.
“The uncontested record demonstrates that the search was conducted in full accordance with a judicially authorized warrant, and there has been no violation of [Trump’s] rights — let alone a ‘callous disregard’ for them,” the DOJ said, adding that Trump had “failed to meet his burden in establishing any need for the seized records — indeed, a substantial number of them are not even his—or in establishing any irreparable injury in their absence, and Plaintiff does not lack an adequate alternative remedy at law.”
Trump’s attorneys had argued that a special master was necessary to protect his rights to claim attorney-client privilege and executive privilege. Trump has also claimed that he may have declassified secret documents before he left office, though his attorneys have refused to provide evidence to the court.
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