Judging Freedom - DOJ Agrees to Trump’s Special Master

Episode Date: September 13, 2022

DOJ Agrees to Accept Trump’s Candidate for Special Master https://www.washingtonpost.com/nation... #Trump #FBI #DOJ #SpecialMasterSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Tuesday, September 13, 2022. It's for the Department of Justice have agreed on the identity of a special master to review all the documents and other items taken from the former president's home by the FBI last month. This doesn't mean that this person will be appointed by Judge Eileen Cannon, who is the judge to whom Trump's lawsuit seeking a special master has been assigned. But she probably will because she asked the two sides to see if they could agree. They couldn't. And then the DOJ changed its mind. Small world. The judge that they've agreed on has been a friend of mine for 40 years, Judge Raymond Deary, a federal judge in New York.

I'm actually surprised that the Trump people agreed to Judge Deary. He has a top secret security clearance because he's a former member of the FISA court. In that connection, he's very familiar with national defense information and state secrets, and he's very sensitive to them. So his role will be to review everything that, if he's appointed by Judge Kennan, to review everything that the feds have seized from Trump's home and make a couple of piles, personal, attorney-client privilege, executive privilege, if there is one. It's a decision that should be made by Judge Cannon, not by the special master, not by Judge Deary, and then evidence in the criminal case.

This is a rain delay in a baseball game when you consider how long the feds have been investigating this and how long it will take for it to mature into an indictment and then eventually a criminal prosecution. what's called senior status. He is still a full federal judge, but because of his age and his duration on the court, he's an appointee by President Ronald Reagan. He has a very light load of cases and he has no criminal cases, which are most time consuming and stressful if you know anything about the way the judiciary works. So he will be able to stop his regular light caseload and, if appointed

by Judge Cannon, review all of these documents. While that's going on, the DOJ has made an application before Judge Cannon to modify her ruling appointing the special master because the ruling says that all these 13,000 items that have been that were seized by the FBI, all of which have been reviewed by the feds, the feds can't use them while the special master situation is pending. The time period before he's appointed and the time period after he's appointed. What does they can't use them mean? Can they think about them? They've seen them. Can they discuss them among themselves?

They've seen them. Can they analyze them? They've seen them. Can they analyze them? They've seen them. If they reflect a witness who knows about them, can they reach that witness? Suppose the witness is about to die or about to flee the country. Can they do something to preserve that witness's testimony?

So the use of the word use, U-S-E, in Judge Cannon's order is an inartful, unjudicial word. So the feds have asked for a clarification on that and they've asked for permission to use, that is to continue to analyze the documents. That was my light going flying, but we'll set it up here on the desk. The documents that are top secret. So that contain national defense information. There is also pending before Judge, the Court of Appeals in Atlanta, the DOJ's appeal of the whole special master process. An appeal that I and ex-judges and lawyers all across the ideological spectrum predict will prevail, will succeed. Judge Napolitano for judging freedom.