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‘They are going to slam this judge’: Experts say appeals court will shut down Trump judge’s ‘circus’
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‘They are going to slam this judge’: Experts say appeals court will shut down Trump judge’s ‘circus’
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Legal experts predicted that the 11th Circuit Court of Appeals will soon shut down the special master process in the Mar-a-Lago probe that was ordered by U.S. District Judge Aileen Cannon.
The special master process ordered by Cannon, a Trump appointee, effectively allows former President Donald Trump to challenge the search warrant at his office and residence before he is indicted — an extremely rare opportunity for a criminal defendant.
The oral argument by prosecutors, who are now under the direction of the newly appointed Special Counsel Jack Smith, shows that the 11th Circuit may be close to reversing Cannon’s process. The three judges on the panel — two of whom are Trump appointees — shared their skepticism that Cannon had jurisdiction to take action before an indictment, and that even if she did, she had no factual predicate to appoint a special master.
Judge Britt Grant, who was appointed by Trump, asked the former president’s legal team whether they tried to appeal Cannon’s finding that the Justice Department did not demonstrate a “callous disregard” for Trump’s rights. Trump’s attorney, James Trusty, said that they did not appeal the finding and Grant responded that the finding required a reversal of Cannon’s order.
Judge Andrew Basher also confronted Trump’s attorneys with two questions that stumped them: whether there was any precedent to prevent the DOJ from using the seized materials in its investigation before any indictments and whether there is any reason that Trump should be treated differently in the case than other defendants other than his status as the former president.
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