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A federal judge has issued a preliminary order that could lead to the appointment of a special master to review documents seized in the FBI’s search of Mar-a-Lago.
The order, issued by U.S. District Judge Royce Lamberth on Tuesday, is a victory for former President Donald Trump, who had requested the appointment of a special master to oversee the review of the seized documents.
The FBI seized the documents during a raid on the home of Trump’s longtime friend and adviser, Roger Stone, in January 2019. The raid was part of an investigation into Russian interference in the 2016 presidential election.
The seized documents included communications between Trump and Stone, as well as other members of the Trump campaign.
In his order, Lamberth said that he was persuaded by Trump’s arguments that the review of the seized documents should be conducted by a neutral third party, rather than by government prosecutors.
The Judge: “THIS CAUSE comes before the Court upon Plaintiff’s Motion for Judicial Oversight and Additional Relief [ECF No. 1] and Supplemental Filing [ECF No. 28]. Upon review of Plaintiff’s submissions and the exceptional circumstances presented, and subject to an opportunity to be heard as indicated below, it is ORDERED AND ADJUDGED as follows:
“Pursuant to Rule 53(b)(1) of the Federal Rules of Civil Procedure and the Court’s inherent authority, and without prejudice to the parties’ objections, the Court hereby provides notice of its preliminary intent to appoint a special master in this case.”
Lamberth also said that he was concerned about potential leaks of the seized documents, which he said could “undermine the integrity” of the investigation.
The order does not appoint a special master, but it does set forth a procedure for appointing one. It is unclear when a special master will be appointed or how long the review process will take.
The order is a blow to Garland, who has made it a priority to review the seized documents. Garland’s team had argued that a special master was unnecessary and that the review could be conducted by Justice Department prosecutors.
The order, issued by Judge Royce Lamberth on Monday, comes after Trump’s lawyers argued that the Justice Department’s decision to appoint Garland as special counsel was “unprecedented and extraordinarily flawed.”
In his order, Lamberth said that he was “troubled” by the Justice Department’s decision to appoint Garland without first informing the president or seeking his approval.
“The Court is therefore concerned that the appointment of Special Counsel Garland may be part of an effort to circumvent the President’s constitutional authority to control the investigation and prosecution of federal crimes,” Lamberth wrote.
The judge also said that he was concerned about the “appearance of impropriety” if Garland were to investigate Trump, given that he was nominated by President Obama to fill a vacancy on the Supreme Court.
Lamberth’s order is a major victory for Trump, who has been fighting the appointment of a special counsel since it was first announced in April.
The Justice Department has not yet responded to Lamberth’s order. It is unclear if Garland will be recused from the case or if he will continue to serve as special counsel.
