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U.S. appeals court rules against Trump in document battle, terminates arbitrator

U.S. appeals court rules against Trump in document battle, terminates arbitrator

 


WASHINGTON, Dec 1 (Reuters) – A U.S. appeals court on Thursday struck a blow to Donald Trump, overturning a judge’s appointment of an independent arbitrator to verify documents seized by the FBI from his Florida home and authorizing the use of all records in a criminal investigation of the former president.

The Atlanta-based United States Court of Appeals for the 11th Circuit has ruled in favor of the Justice Department in its challenge to Florida-based U.S. District Judge Aileen Cannon’s September decision to appoint a “special master” to review records to decide if any should be kept. investigators.

The three-judge 11th Circuit panel said Cannon lacked the authority to grant Trump’s request for a special master made in a lawsuit he filed two weeks after agents of the FBI conducted a court-approved search Aug. 8 at his Mar-a-Lago estate in Palm Beach. He also reversed Cannon’s decision to bar investigators from most records pending review and dismissed Trump’s lawsuit.

Trump faces a federal criminal investigation into his retention of sensitive government records after leaving office in January 2021, including whether he violated a 1917 law called the Espionage Act that makes it a crime to disclose information harmful to national security. Investigators are also investigating a possible illegal obstruction of the probe.

FBI agents seized about 11,000 records, including about 100 marked as classified, during the search.

The 11th Circuit has said that while a search warrant for a former president’s property is “extraordinary,” it does not give “judicial permission to interfere with an ongoing investigation.” The court also said Trump had failed to prove there was a ‘callous disregard’ for his constitutional rights in the search for his property, one of the few reasons a court can intervene in an ongoing 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 11th Circuit panel consisted of Judge William Pryor, appointed by former Republican President George W. Bush, as well as two of Trump’s own appointees, Judges Andrew Brasher and Britt Grant.

Trump is likely to appeal the 11th Circuit’s action to the conservative-majority U.S. Supreme Court. The 11th Circuit said its order would only take effect for seven days, during which time Trump could seek to challenge it.

A Trump spokesperson called the decision “purely procedural and based solely on jurisdiction,” and said it did not address the merits of the case.

“President Donald J. Trump will continue to fight the armed ‘Justice’ Department while standing up for America and Americans,” the spokesperson added.

The news broke as senior Justice Department officials gathered for an annual party in Washington. They learned that they had won the case from journalists who were also present.

A Justice Department spokesperson declined to comment.

Three days after Trump announced his candidacy for the 2024 Republican presidential nomination, U.S. Attorney General Merrick Garland on Nov. 18 appointed special counsel, Jack Smith, to oversee the criminal investigation into the documents and another also regarding Trump.

Cannon, who was appointed as a judge by Trump, appointed Raymond Dearie, another federal judge, to review the records to determine whether to exclude some from the criminal investigation.

Cannon also blocked prosecutors from using the documents taken from the search as part of their criminal investigation until the conclusion of Dearie’s examination, although a separate 11th Circuit panel later gave the government access to documents marked as classified.

Trump’s lawyers had asked Dearie to find that certain documents are protected by executive privilege, a legal doctrine that allows presidents to keep certain communications secret, or meet the definition of “personal” documents that should remain confidential. Trump’s lawyers have argued that he designated certain documents as his personal papers, a claim the Justice Department disputes.

Reporting by Jacqueline Thomsen in Washington; Additional reporting by Sarah N. Lynch and Kanishka Singh; Editing by Will Dunham and Noeleen Walder

Our standards: The Thomson Reuters Trust Principles.

Jacqueline Thomson

Thomson Reuters

Washington, DC-based Jacqueline Thomsen covers legal news related to politics, the courts, and the legal profession. Follow her on Twitter at @jacq_thomsen and email her at [email protected].

Sources

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2/ https://www.reuters.com/world/us/us-appeals-court-reverses-appointment-special-master-trump-documents-probe-2022-12-01/

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