The Justice Department must decide by Friday whether to appeal this week's ruling by U.S. District Judge Aileen M. Cannon, a Trump appointee.
to appoint an independent reviewer, called a special master, to assess more than 11,000 documents seized by the FBI from Trump’s Florida residence last month.
“The Supreme Court has said it’s an open question the extent to which a former president can assert claims of executive privilege against a sitting president,” said former federal judge Paul G. Cassell, who teaches at the University of Utah law school. “Maybe this will be the case that determines and helps settle that open question.”
Mary McCord, who served as acting assistant attorney general for national security during the Obama administration, said there are legitimate legal reasons to appeal, but also potential upsides to accepting the judge’s plan for an independent review.
different rules for a former president. In a typical investigation, the target of a search would be entitled to a hearing after an indictment to challenge the validity of an underlying search warrant. In Trump’s case, the former president has not been charged and the investigation is ongoing.“It’s stunning insertion of the courts into what has historically been exclusively executive process,” said Steve Vladeck, a constitutional law professor at the University of Texas law school.
Cannon said in her ruling Monday that the justices have not ruled out the possibility of the interests of a former president prevailing over a sitting president when it comes to executive privilege. She quoted Justice Brett M. Kavanaugh, one of Trump’s nominees to the Supreme Court, who wrote separately in the Jan. 6 case.
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