A few weeks ago, the Trump team’s request for a special master in the Mar-a-Lago case seemed to be going pretty well, despite the underlying merits. The former president and his lawyers had found an apparent ally in US District Judge Aileen Cannon whom Donald Trump had previously sought for federal justice and the Justice Department’s criminal investigation was put on hold.
When federal officials also accepted Republican choice of referees, U.S. District Judge Raymond Dearie, it appeared as if Trump and his defense attorneys had lined up the plays exactly as they hoped to see them.
At least that’s how things looked earlier this month. Now, as the New York Times Charlie Savage explained, the whole effort to involve a special master seems to be backfiring.
Former President Donald J. Trump’s request that a judge intervene in the criminal investigation into his hoarding of government documents by appointing a special master is looking increasingly like a major mistake, legal experts say. Maybe from Trump’s perspective, creating delay and chaos is always a plus, but it feels like a giant blowback, said New York University legal resident Peter M. Shane and specialist in the separation of powers. right.
By some measure, the tides turned last week, when a unanimous 11th Circuit Court of Appeals panel overturned Cannons’ ruling and allowed the Justice Department to resume use of classified documents, recovered in Mar-a-Lago, in his criminal investigation.
Blocking access to these documents was a primary goal of Team Trump’s legal strategy, and the appeals court overturned it.
So what is left for the former president and his lawyers? An expensive process that the Republican is forced to fund with a special master who does Trump no favors. Added savage analysis, [F]Arriving to turn himself in to Mr. Trump, as his attorneys likely hoped to suggest his nomination, Judge Dearie appears to be arranging the review of the documents in a way that threatens to quickly breach the former president’s defenses.
Very well. As we discussed last week, Trump has repeatedly suggested that corrupt FBI agents may have planted evidence at Mar-a-Lago. A special master has called on Republican lawyers to prove it and since they won’t be able to do so, it will cause further embarrassment for the scandal-ridden politician who not only initiated this process but also has to write checks to pay for it, even as the criminal investigation he hoped to delay continues.
If recent history is any guide, Trump will soon be on a rampage online, targeting the process he requested, the lawyers he hired, and the special master he sought, oblivious to the fact that this mess was his fault.
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