President Donald J. Trump has been triumphant for his position on the employment of a special master, and now he has asserted his choice for the individual who would evaluate the documents seized in the August search on his Florida estate.
Fox News said that the action was a smackdown of Democratic Attorney General Merrick Garland because to the DOG’s protests against the special master:
“I am confident that what Garland has represented to the court, is something that everyone has looked at it. The judge, which granting the special master, already said Garland gave false representation, and that invites the question what Garland was doing going into Trump’s home. Was he wanting to know what communications were between Tump and his lawyers,” legal analyst Greg Jarret told Fox news.
AG Garland PANICS as major Trump victory on Special Master may COLLAPSE his entire pre-emptive COUP on Trump pic.twitter.com/G5lm3BRrER
— Benny Johnson (@bennyjohnson) September 12, 2022
It appears like there may be danger ahead.
In United States law, a special master is often a subordinate officer appointed by a court to enforce compliance with judicial orders or, alternatively, to hear evidence on behalf of the judge and make recommendations about the disposition of a case.
A court appoints a “special master” to carry out a specific action on its behalf.
A “special master” is theoretically distinct from a “master.”
A master’s role is primarily investigative, accumulating evidence or papers to guide the court’s future action, whereas a special master takes direct action on the court’s behalf.
According to Cornell Law School, it appears that the “special master” label is frequently employed for those performing primarily investigative work, while the plain “master” classification is becoming obsolete.
Until last week, the Department of Justice (DOJ) and Trump’s attorneys continued to argue over his request for a special master to evaluate the records taken from Mar-a-Lago. After Trump’s attorneys prevailed, the dispute shifted to who would fill the position.
Trump and his attorneys assert that the documents acquired by the FBI that day may not be classified.
Trump’s attorneys characterized the criminal investigation that necessitated the bizarre search as an out-of-control document storage issue and asserted that Trump had a “unfettered right” to view these presidential papers.
Federal prosecutors, until last week, when Trump’s request for assistance was granted, said the special master proceedings are harming national security by preventing them from using classified material in their criminal probe.
And now the two teams have reached an agreement about who will look at the documents and determine what has happened by agreeing on the special master.
The only special master candidate Trump and the DOJ can agree on: is a 78-year-old judge appointed by President Ronald Reagan.
“The DOJ has agreed to one of Trump’s nominees for special master in their probe of misplaced WH docs. The DOJ said that a former NY District Judge appointed by Reagan was fit to play the role.
Trump’s other choice was rejected by DOJ lawyers, who said he lacked experience,” Business Insider wrote.
The DOJ said in court filings that it would allow Raymond Dearie, former Chief Judge of the United States District Court for the Eastern District of New York, to act as a special master, according to Reuters.
While Trump’s team has rejected all of the DOJ’s picks, the department’s approval of Dearie marks a rare mutual agreement in the ongoing legal battle.
According to his bio: Dearie was nominated by Reagan and served in the US District Court from 1986 to 2011. In 2012, he was appointed by Supreme Court Justice John Roberts to a 7-year term on the United States Foreign Intelligence Surveillance Court, where he oversaw requests by federal investigators for surveillance warrants against suspected foreign intelligence agents inside the United States.
In his role as a judge in the Foreign Intelligence Surveillance Court, Dearie was one of five Republican-appointed judges who signed off on FISA warrants to surveil a former Trump advisor, Carter Page, to investigate his ties to the Russian government. Two of the four approved warrants were later declared invalid after the Inspector General found a series of misstatements and omissions in the applications by the FBI to get the court warrants to eavesdrop on Page.
“Last Thursday, the Department of Justice appealed a federal judge’s decision to appoint a special master to review specific classified files among the over 11,000 documents that Trump took with him from the White House. Trump’s case and the move to appoint a special master opened an unprecedented Pandora’s box of concerns for national security experts.
By the end of last week, the parties had submitted their list of proposed candidates, which included three former judges and Paul Huck Jr., former counsel to the Governor of Florida. The DOJ said that it did not believe Huck had the experience necessary,” Business Insider reported on Monday.
The special master would likely need to have the highest national security clearance level in the US. Ultimately, judges appoint special masters based on their expertise, so in this case, the special master would have to be deeply embedded in the national security realm, experts told Insider.