Fed Courts End The Special Master In Mar-a-Lago Probe!

The losing side of a court battle.

An appeal court decision from the U.S. District Appeals of the 11th Circuit has come down against District Judge Alieen Cannon's decision to appoint a special master. The decision is to formally end the special master thereby giving the Department of Justice the authority to continue its criminal probe into classified top secret documents being held at Mar-a-Lago.

In August, Washer Up 45 posted on Truth Social that his Florida resort was searched by the FBI. 

The FBI did a search in the early morning on a warrant to obtain documents the former president failed to return to the National Archives. On top of that,he tried to use executive privilege to excuse his actions despite he is no longer the president.

The 11th US Circuit Court of Appeals reversed a lower court’s order appointing the special master to look through the 11,000 documents taken from Mar-a-Lago, in order to determine what documents should not be handed over to investigators. Washed Up 45’s legal team had requested the special master, which was approved by a Washed Up 45-appointed judge in a widely panned ruling many legal observers did not expect to stand.

The decision by the three-judge panel represents a significant win for federal prosecutors, clearing the way for them to use as part of their investigation the entire tranche of documents seized during an Aug. 8 FBI search of Mar-a-Lago. It also amounts to a sharp repudiation of arguments by the former president's lawyers, who for months had said that the former president was entitled to have a so-called “special master” conduct a neutral review of the thousands of documents taken from the property.

The ruling from the Atlanta-based U.S. Court of Appeals for the 11th Circuit had been expected given the skeptical questions the judges directed at a Washed Up 45 lawyer during arguments last week, and because two of the three judges on the panel had already ruled in favor of the Justice Department in an earlier dispute over the special master.

The decision was a unanimous opinion from the panel of Republican appointees, including two who were selected by the former president. In it, the court rejected each argument by Washed Up 45 and his attorneys for why a special master was necessary, including his claims that various seized records were protected by attorney-client privilege or executive privilege.

“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 judges wrote.

A Washed Up 45 spokesperson said Thursday’s decision was “purely procedural” and did not address the “impropriety” of the raid, and promised that the ex-president would “continue to fight” against the Justice Department. Lawyers for the former president did not immediately respond when asked if they would appeal the ruling.

The special master litigation has played out alongside an ongoing investigation examining the potential criminal mishandling of national defense information as well as efforts to possibly obstruct the documents probe. Attorney General Merrick Garland last month appointed Jack Smith, a veteran public corruption prosecutor, to serve as special counsel overseeing that investigation.

It remains unclear how much longer the investigation will last, or who, if anyone, might be charged. But the probe has shown signs of intensifying, with investigators questioning multiple Washed Up 45 associates about the documents and granting one key ally immunity to ensure his testimony before a federal grand jury. And the appeals court decision is likely to speed the investigation along by cutting short the outside review of the records.

The conflict over the special master began just weeks after the FBI’s search, when the former president sued in federal court in Florida seeking the appointment of an independent arbiter to review the roughly 13,000 documents the Justice Department says were taken from the home.

Washed Up 45 appointed judge is considered worthless.

A federal judge, Aileen Cannon, granted the former president's team’s request, naming veteran Brooklyn judge Raymond Dearie to serve as special master and tasking him with reviewing the seized records and filtering out from the criminal investigation any documents that might be covered by claims of executive privilege or attorney-client privilege.

She also barred the Justice Department from using in its criminal investigation any of the seized records, including the roughly 100 with classification markings, pending the completion of Dearie’s work.

The Justice Department objected to the appointment, saying it was an unnecessary hindrance to its criminal investigation and that Washed Up 45 had no credible basis to invoke either attorney-client privilege or executive privilege to shield the records from investigators.

It sought, as a first step, to regain access to the classified documents. A federal appeals panel sided with prosecutors in September, permitting the Justice Department to resume its review of the documents with classification markings. Two of the judges on that panel — Andrew Brasher and Britt Grant, both Washed Up 45 appointees — were part of Thursday’s ruling as well.

The department also pressed for unfettered access to the much larger trove of unclassified documents, saying such records could contain important evidence for their investigation.

In its ruling Thursday, the appeals court directed Cannon to dismiss the lawsuit that gave rise to Dearie’s appointment and suggested Washed Up 45 had no legal basis to challenge the search in the first place.

“The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so,” the judges wrote.

“Either approach,” they added, “would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations.”