A three-judge panel consisting of two judges appointed by Donald Trump reversed a ruling from last September requiring a special master to review the seized evidence for privileged documents. This reversal means that all of the evidence obtained from the August search of Trump’s residence can be used by the Department of Justice to build a case against Trump:
The appeals court was sharply critical of the decision in September by Judge Aileen M. Cannon, a Trump appointee, to intervene in the case. It said that Judge Cannon never had legitimate jurisdiction to order the review or bar investigators from using the files, and that there was no justification for treating Mr. Trump differently than any other target of a search warrant.
“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the court wrote.
Limits on when courts can interfere with a criminal investigation “apply no matter who the government is investigating,” it added. “To create a special exception here would defy our nation’s foundational principle that our law applies ‘to all, without regard to numbers, wealth, or rank.’” – New York Times
The judges were critical of Trump’s claim that government documents could be classified as personal documents:
In their opinion, the judges rebuked a central part of the argument by Trump’s legal team: that the Presidential Records Acts allowed Trump to categorize presidential documents as personal ones, creating the need for a special master to determine whether personal documents should be shielded from investigators.
The judges conceded that the search of a former president’s property is “indeed extraordinary … but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation.” Washington Post
What is your opinion on this development?
submitted by /u/salimfadhley