Judge Demands Answers on Trump’s Request for a Special Master

A federal judge wants answers on President Trump’s motion to appoint a special master for Mar-a-Lago trove.

AP/Wilfredo Lee, file
President Trump's Mar-a-Lago estate on July 10, 2019, at Palm Beach. AP/Wilfredo Lee, file

Updated 5:33 PM

A federal judge, Aileen Cannon, is asking for further clarity after President Trump filed a “Motion for Judicial Oversight and Additional Relief” in federal court in response to the search of his Mar-a-Lago compound.

Judge Cannon’s request for the “basis of her court’s jurisdiction” and demand for greater clarity as to the “precise relief sought” could signal that the jurist is less enamored of Mr. Trump’s broader narrativizing, and more interested in the nuts and bolts of his demands.  

The request came in response to President Trump’s wide-ranging response to the raid on his Mar-a-Lago compound, which puts pen to paper for his first effort to tell his side of the story in court. A mix of brio and legal argument, the 27-page motion is a first shot in what is likely to be an extended struggle in both a court of law and the court of public opinion.    

The filing comes as a federal magistrate judge, Bruce Reinhart, publicly wrestles with whether to release the affidavit laying out the case against the one-time commander in chief in the face of justice department opposition. It signals the onset of a fresh litigation phase, as both Mr. Trump and his prosecutorial opponents grapple for legal advantage.         

The submission is an attempt to allow Mr. Trump to get a handle on the trove of materials spirited away from his residence. The presiding of Judge Cannon was seen as a stroke of good fortune for the former president. Judge Cannon is a longtime member of the Federalist Society raised to the federal bench by Mr. Trump. This first intervention, however, suggests a by the book approach. 

The motion begins on a political note, arguing, “Politics cannot be allowed to impact the administration of justice. President Donald J. Trump is the clear frontrunner in the 2024 Republican Presidential Primary and in the 2024 General Election, should he decide to run.” 

Mr. Trump calls for the appointment of a “Special Master,” a court-appointed third party, to vet the seized documents, and demands a more detailed receipt of what was taken and the return of “any item seized that was not within the scope of the Search Warrant.”

The filing labels the “unprecedented and unnecessary” search at Mar-a-Lago a “shockingly aggressive move” and accuses the FBI of possessing “no understanding of the stress it would cause most Americans.” After describing Mar-a-Lago as a “historic landmark” with “58 bedrooms and 33 bathrooms,” Mr. Trump details how his move from the White House, “like moves undertaken by most Americans, involved boxes.”

Most moves do not involve an FBI search of the premises, which the motion clocked at “approximately nine hours.” In turning its attention to the fruits of that search, the motion calls for the Special Master to mitigate what it sees as an “overbroad” search warrant that runs afoul of the Fourth Amendment and presidential prerogatives.  

That request stems from a rejection of the notion that an in-house “taint team” at the DOJ — meant to sort through which seized documents are protected by a range of privileges — suffices to secure “the appearance of Justice, as well as the interests of Justice.”

In the motion, Mr. Trump confirmed that “counsel for President Trump” spoke to the DOJ “by phone” to convey the message that “the heat is building up. The pressure is building up. Whatever I can do to take the heat down, the pressure down, just let me know.”

A spokesman at the DOJ, Antony Coley, confirmed, “The United States will file its response in court.” Meanwhile, Judge Reinhart mulls the release of the affidavit that will likely raise the heat to levels not unfamiliar to those accustomed to August temperatures at Palm Beach.     


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use