WEST PALM BEACH, FL – A federal judge awaited arguments Thursday on whether to hire an outside legal expert to review government records seized last month by the FBI in a search of former President Donald Trump’s Florida home.
Trump’s lawyers say the appointment of a special master is necessary to ensure an independent examination of the documents. They say this type of review would allow “highly personal information” such as diaries or journals to be separated from the investigation and returned to Trump, along with any other documents that might be protected by attorney-client or CEO privilege claims.
The Justice Department says the appointment is not justified because investigators have completed their review of potentially privileged records and identified “a limited set of material potentially containing attorney-client privileged information.”
The government says Trump lacks the legal basis to demand the return of presidential documents because they do not belong to him. The department also expressed concerns that the appointment could delay the investigation, in part because a private master may need to obtain security clearance to review records and special authorization from intelligence agencies.
The hearing before US District Judge Eileen Cannon was scheduled for 1 p.m.
Cannon had said on Saturday, before the latest arguments on the matter, that its “initial intention” was to appoint a special master. It was not clear whether she would make a final decision on Thursday or how her view might be affected by the fact that the Justice Department says it has already reviewed the potentially privileged documents.
It was also not clear who that outside expert might be. In some previous high profile cases, the role has been filled by a former federal judge.
Cannon was nominated by Trump in 2020 and confirmed by Senate 56-21 later that year. She is a former assistant US attorney in Florida, and primarily handles criminal appeals cases.
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Tucker reported from Washington.
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