JUST IN: Judge Aileen Cannon grants Trump's motion to appoint a special master "to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney client and/or executive privilege."
MORE: To DOJ's argument that the FBI's privilege review team has sifted out potentially-privileged material, Cannon writes, "The Court is not so sure."
Cannon notes two known instances of investigators later sorting aside docs that might be privileged.
Cannon notes two known instances of investigators later sorting aside docs that might be privileged.
Judge Cannon sets aside DOJ's argument that Trump cannot assert executive privilege against the current executive branch.
"In the Court's estimation, this position arguably overstates the law," Cannon writes.
"In the Court's estimation, this position arguably overstates the law," Cannon writes.
"The Supreme Court did not rule out the possibility of a former President overcoming an incumbent President on executive privilege matters," Cannon says in her ruling, saying DOJ has overstated the 1977 case Nixon v GSA.
Judge Cannon BLOCKS prosecutors from continuing their criminal investigation until the special master completes his/her work:
"[T]he Court does not find that a temporary special master review under the present circumstances would cause undue delay [to the investigation]."
"[T]he Court does not find that a temporary special master review under the present circumstances would cause undue delay [to the investigation]."
MORE from Cannon's order:
-- Docs seized from Mar-a-Lago includes Trump's "medical documents, correspondence related to taxes, and accounting information"
-- Cannon says as Trump is a former president, "the stigma associated with the subject seizure is in a league of its own."
-- Docs seized from Mar-a-Lago includes Trump's "medical documents, correspondence related to taxes, and accounting information"
-- Cannon says as Trump is a former president, "the stigma associated with the subject seizure is in a league of its own."
"[T]his is not a situation in which there is no room to doubt the immediately
apparent incriminating nature of the seized material, as in the case of the sale of cocaine," Judge Cannon writes.
apparent incriminating nature of the seized material, as in the case of the sale of cocaine," Judge Cannon writes.
Both sides have until this Friday to submit a list of proposed candidates to serve as special master, Cannon says.
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