Judging Freedom - Judge bails Trump out of Special Master plan

Episode Date: September 30, 2022

Judge bails Trump out of special master plan that would have forced uncomfortable submissions in court Cannon's Order https://storage.courtlistener.com/rec... #Trump #DOJ #CannonSee 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 Friday, September 30th, 2022. It's about 3.30 in the afternoon whom Donald Trump's challenge of the FBI execution of a search warrant at his home has been assigned, overruled the special master by President Trump, confirmed by the U.S. Senate after Trump had been defeated for his reelection by Judge Biden. The case was assigned to her. Trump basically said, I want my documents back and I want a special master. I want the special master to look at the documents. Judge Cannon said, OK, I'll appoint the special master. Give me some names. Both the feds and Trump agreed on Judge Raymond Deary. It is very, very unusual. In fact, it's unheard of for one federal judge to appoint another federal judge as a special master. Usually a special master is a former judge like yours truly, or a well-respected lawyer with expertise in the field, but not a

sitting federal judge. Why? Because it is unseemly for one federal judge to overrule another federal judge as the same rank and level. But that's what's happened here. In the you can't make it up category of the unusual twists and turns in this case of Trump versus the United States, Judge Deary, the federal judge in Brooklyn, who's the special master, whose job it is to go through all the documents and decide which is privileged and which is not, told the Trump lawyers, your client has been going around saying that the FBI planted documents. Here's the list of the documents. Tell me which ones were planted, because if they were, I'm going to scrutinize them and I'm going to interrogate

the FBI. Trump's lawyers said, well, we don't think we should have to tell you that now, even though our client has been saying it. Judge Deary, the special master, ordered them to say it, to justify it, to explain it, to point out which of these 11,000 documents was planted by the FBI, or did your client just make this up? Trump's lawyers didn't like that ruling, and appealed it to Judge Cannon and she overruled the special master. So a judge of the United States District Court for the Southern District of Florida overruled a judge of the United States District Court for the Eastern District of Brooklyn, two judges at the exact same rank and level, a Trump appointee confirmed by the Senate, a Reagan appointee confirmed by the Senate. But that's the unusual situation that we have in this case. Can the DOJ appeal this decision to the United

States Court of Appeals for the 11th Circuit? The last time Judge Cannon was appealed to them, she was reversed three to nothing. Yes, they can, but I don't think they will because appellate judges do not like to get involved in the nitty-gritty of case management, which is what we call these types of very early in the game rulings. One thing that we did learn in all of this is that even though the lawyers in the case, both Trump's lawyers and the lawyers for the DOJ, have been saying 11,000 documents. It's 11,000 documents, correct. But most of those documents are more than one page,

and some of them are a lot more than one page. When Judge Deary asked how many pages are in 11,000 documents, I said this before, so if you've heard it, you won't be surprised. If you haven't, you will. 200,000 pages of documents, Judge Deary has to go through. They can't even find a vendor to copy all those documents because the FBI is not going to give the originals to Judge Deary and put them in a digital format so that he and his team can look at them on their desktops. Okay,

that's why Judge Cannon extended Thanksgiving to Christmas. Judge Deary has until Christmas time to review all 200,000 pages and decide which is executive privilege, if any, which is attorney client privilege, if any, which is any other privilege, if any, which is attorney-client privilege, if any, which is any other privilege, if any, which is legitimately captured improperly the custody of the government, which is personal private property of Donald Trump and not within the scope of the search warrant. More as we get it. Judge Napolitano for judging freedom.