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Donald Trump
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Win for Trump as US judge agrees to ‘special master’ for Mar-a-Lago records, delaying probe

  • Judge cites ‘reputational harm’ to Donald Trump in ordering a Mar-a-Lago special master and pause in probe
  • Former president Trump praises ‘courage and guts’, as some legal experts called the judge’s order deeply flawed

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Pages from a Department of Justice court filing in response to a request from Donald Trump for a special master to review documents seized during the August 8 search of Mar-a-Lago. Photo: AP
Reuters

A US federal judge agreed to appoint a special master to review records seized by the FBI during its search of former president Donald Trump’s Florida estate, a move that is likely to delay the Justice Department’s criminal investigation.

In her ruling on Monday, US District Judge Aileen Cannon in West Palm Beach, Florida, granted Trump’s request for a special master, an independent third party who is sometimes assigned in sensitive cases to review materials that could be covered by lawyer-client privilege.

Cannon said the person will be tasked with reviewing documents that are not just covered by lawyer-client privilege, but any records possibly covered by executive privilege as well.

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The decision to allow a special master to review documents that could be covered by executive privilege, a legal doctrine that can shield some White House records from disclosure, is uncharted legal territory.

Cannon also ordered the Justice Department to stop reviewing the records as part of its criminal investigation, a move that will likely at least temporarily hinder its ability to continue investigating.

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However, Cannon said US intelligence officials could continue conducting their review into whether the records could pose any damage to national security if exposed.

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