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Appeals court overturns Mar-a-Lago special order

 


A member of the Secret Service is seen outside former President Donald Trump’s home at Mar-A-Lago in Palm Beach, Florida on August 9, 2022.

Giorgio Viera | AFP | Getty Images

A federal appeals court on Thursday overturned a judge’s decision to appoint a special watchdog to review documents seized by the FBI from the Florida residence of former President Donald Trump as part of a criminal investigation. .

“This appeal requires us to consider whether the district court had jurisdiction to prevent the United States from using lawfully seized records in a criminal investigation,” wrote a three-judge U.S. Court of Appeals panel. for the 11th Circuit in its ruling.

“The answer is no,” the panel wrote. The three judges on the panel were appointed by Republican presidents. Trump nominated Britt Grant and Andrew Brasher, while Chief Justice Bill Pryor was nominated by George W. Bush.

The ruling was in favor of a Justice Department appeal of the appointment of watchdog, known as Special Master, Judge Aileen Cannon to the U.S. District Court for the Southern District of Florida. Cannon was named to the bench by Trump.

The DOJ said Cannon’s appointment of the special counsel, whom Trump had requested, unduly delayed the department in using the documents seized in this investigation until they were expunged. Raymond Dearie, a senior U.S. district judge in Brooklyn, New York, had been appointed special master.

Trump is under investigation by the DOJ for removing government documents from the White House and sending them to his Mar-a-Lago club in Palm Beach, Florida.

By law, these documents belong to the federal government. A number of documents have been classified.

The Aug. 8 raid at Mar-a-Lago was carried out after another judge signed a search warrant, finding there was probable cause that FBI agents would find evidence of a crime in the property.

The 11th Circuit panel’s ruling on Thursday said Cannon was wrong to allow an outside party to delay the DOJ investigation.

“The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the warrant is executed,” the panel wrote.

“Nor can we write a rule that only allows former presidents to do so,” the panel wrote.

“Either approach would be a sweeping reorganization of our jurisprudence limiting federal court involvement in criminal investigations. And both would violate fundamental limits on the separation of powers. Accordingly, we agree with the government that the district court wrongly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.”

This is breaking news. Please check for updates.

Sources

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2/ https://www.cnbc.com/2022/12/01/appeals-court-vacates-order-appointing-trump-mar-a-lago-search-warrant-watchdog.html

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