Politics - News Analysis

Judge Grants Trump’s Motion for Special Master BUT Presents DOJ a Stunning and Unique Opportunity

As most know, Trump’s legal team filed a motion to have a special master (third-party attorney, often a retired judge) go through the materials seized and look for anything covered by privilege, either attorney-client or Trump’s claimed executive privilege (which doesn’t exist). The motion was granted, and a special master will be appointed.

Mostly Trump is buying time.

DOJ opposed the motion but having a special master go through and look for attorney-client privileged material would actually allow DOJ to appear to be that much fairer.

But Judge Cannon (a late Trump appointee) dropped a bomb in her ruling. She ruled that DOJ couldn’t continue to investigate using the materials from the files. This is beyond surprising. It is one thing to suppress evidence in a trial because it is privileged. It is entirely another to say, “You cannot even look at or use the material while we await the special master…” It is likely that the court would order the materials handed over to the court and given to the special master.

This would delay DOJ’s critical investigation by 60-90 days, minimum, and DOJ cannot have that at this point. They need to move fast now before even more damage is done by this security breach. But they do get an opportunity. They can appeal this ruling. Why is that an opportunity? They get to file a brief in the matter and – as Merrick Garland said, “We speak through our court filings.” Recall the damage Trump’s team suffered from a PR position when DOJ filed its brief in the special master motion, the one with the picture?

It hurt Trump badly.

Now imagine an emergency appeal and the brief accompanying it. The brief will set out exactly why time is of the essence and that they don’t believe a special master should be ordered at all, but if one is used, they need the ability to continue to use the material for national security concerns. Now try to imagine how it will sound when DOJ lays out how dangerous it is to put the entire investigation on hold.

That appeal will be public, and though there may be specific details redacted, they won’t all be redacted, and DOJ gets a chance to use words like “grave security concerns” and “worst breach in U.S. security in… years,” and “intentional,” and “international implications,” all these concerns where DOJ can impress upon the country and the politicians in Washington how serious this matter is. After all, DOJ’s brief would be attempting to prove to the court that the country is in danger if that breach isn’t fixed.

According to Glenn Kirschner:

Kirschner is a better attorney than me, but I believe that DOJ must appeal this and will do it on an expedited basis. They will do it for no other reason than to write that brief. And remember the damage the last one did.

****

[email protected], @JasonMiciak, with Nicole Hickman

meet the author

Jason Miciak is a political writer, features writer, author, and attorney. He is originally from Canada but grew up in the Pacific Northwest. He now enjoys life as a single dad raising a ridiculously-loved young girl on the beaches of the Gulf Coast. He is very much the dreamy mystic, a day without learning is a day not lived. He is passionate about his flower pots and studies philosophical science, religion, and non-mathematical principles of theoretical physics. Dogs, pizza, and love are proof that God exists. "Above all else, love one another."

Comments

Comments are currently closed.