DOJ appeals decision to order special master to review evidence from Mar-a-Lago
Politics of the Day
A federal judge has granted former President Donald Trump’s request to appoint a “special master” to review materials that the FBI seized from Mar-a-Lago last month. CNN’s Sara Murray and Kara Scannell break down the judge’s ruling with constitutional law attorney Page Pate.
” data-duration=”04:02″ data-editable=”settings” data-headline=”Attorney explains judge’s comments on Trump special master ruling” data-index=”idx-0″ data-show-name=”Newsroom” data-show-url=”https://www.cnn.com/shows/newsroom” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_19015bea54c5084435919f560170ea12-h_7b84909b6fa929aefbf6016b952cdab1@published” data-video-id=”politics/2022/09/05/trump-special-master-federal-judge-ruling-mar-a-lago-documents-nr-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_19015bea54c5084435919f560170ea12-h_7b84909b6fa929aefbf6016b952cdab1@published”>
Now playing
Attorney explains judge’s comments on Trump special master ruling
El Paso, Texas Mayor Oscar Leeser, a Democrat, is using Republican Gov. Greg Abbott’s strategy of busing migrants from the US southern border to the northeast. CNN’s Rosa Flores details why.
” data-duration=”03:11″ data-editable=”settings” data-headline=”Why Democratic mayor is using Texas governor’s controversial border strategy” data-index=”idx-1″ data-show-name=”Erin Burnett Out Front” data-show-url=”https://www.cnn.com/shows/erin-burnett-out-front” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_e5b153c4714f60834622b6f97092d130″ data-video-id=”us/2022/09/08/el-paso-texas-migrant-flores-pkg-ebof-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_e5b153c4714f60834622b6f97092d130″>
Now playing
Why Democratic mayor is using Texas governor’s controversial border strategy
A CNN exclusive report looks at how some GOP leaders in Wayne County, Michigan could be interfering in the election process. CNN’s Drew Griffin has more.
” data-duration=”04:15″ data-editable=”settings” data-headline=”Michigan GOP official tells election workers to be ‘spies'” data-index=”idx-2″ data-show-name=”The Lead” data-show-url=”https://www.cnn.com/shows/the-lead” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_6963512a31a7a0a6105efaf626d43a8e” data-video-id=”politics/2022/09/07/poll-workers-election-michigan-griffin-pkg-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_6963512a31a7a0a6105efaf626d43a8e”>
Now playing
Michigan GOP official tells election workers to be ‘spies’
Kailee DeSpain, a third-grade teacher in Texas, received horrible news from her doctor. Carrying her baby to term would endanger both of their lives. CNN’s Elizabeth Cohen reports how the Lone Star state’s strict abortion laws forced Kailee to another state for medical care.
” data-duration=”03:50″ data-editable=”settings” data-headline=”Why a woman’s doctor warned her not to get pregnant in Texas” data-index=”idx-3″ data-show-name=”The Lead” data-show-url=”https://www.cnn.com/shows/the-lead” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_4953d2f4c3cfa32801a6c0de8b66ca23″ data-video-id=”politics/2022/09/07/texas-abortion-laws-woman-affected-cohen-dnt-lead-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_4953d2f4c3cfa32801a6c0de8b66ca23″>
Now playing
Why a woman’s doctor warned her not to get pregnant in Texas
Former President Donald Trump is no stranger to legal battles. But, in today’s episode of The Point, CNN’s Chris Cillizza examines how all the legal litigation that Trump faces may be the biggest threat for his chances of winning another presidential term.
” data-duration=”05:19″ data-editable=”settings” data-headline=”Analysis: Donald Trump’s biggest 2024 problem isn’t what you think it is” data-index=”idx-4″ data-show-name=”” data-show-url=”” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_f1e22ddf5be4a61f899f55d98130b03e” data-video-id=”politics/2022/09/08/donald-trump-2024-election-problems-cillizza-the-point-orig.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_f1e22ddf5be4a61f899f55d98130b03e”>
Now playing
Analysis: Donald Trump’s biggest 2024 problem isn’t what you think it is
Donald Trump’s former Attorney General Bill Barr commented on a potential Trump indictment while speaking on Fox. Former Deputy Attorney General Donald Ayer discusses with CNN’s Jake Tapper.
” data-duration=”01:16″ data-editable=”settings” data-headline=”Bill Barr shares thoughts on a potential Trump indictment” data-index=”idx-5″ data-show-name=”The Lead” data-show-url=”https://www.cnn.com/shows/the-lead” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_e156bea02ece325c4c33e1089248aa42″ data-video-id=”politics/2022/09/07/bill-barr-comments-trump-indicted-donald-ayer-steve-hall-lead-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_e156bea02ece325c4c33e1089248aa42″>
Now playing
Bill Barr shares thoughts on a potential Trump indictment
Former Director of National Intelligence James Clapper reacts to reporting from the Washington Post saying material on foreign nation’s nuclear capabilities were seized at former President Donald Trump’s Mar-a-Lago resort. CNN has yet to confirm the report.
” data-duration=”02:08″ data-editable=”settings” data-headline=”What concerns ex-US intel chief the most about WaPo Mar-a-Lago report” data-index=”idx-6″ data-show-name=”Don Lemon Tonight” data-show-url=”https://www.cnn.com/shows/cnn-tonight” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_f4ad9504ce3d206fb2a9abc604c552b9″ data-video-id=”politics/2022/09/07/james-clapper-washington-post-mar-a-lago-reporting-dlt-sot-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_f4ad9504ce3d206fb2a9abc604c552b9″>
Now playing
What concerns ex-US intel chief the most about WaPo Mar-a-Lago report
Steve Bannon is expected to surrender and face New York state charges related to his fundraising effort to build a wall along the southern US border, people familiar with the matter say. CNN legal analyst Elie Honig discusses.
” data-duration=”01:32″ data-editable=”settings” data-headline=”Watch: Honig explains why this means more legal trouble for Steve Bannon” data-index=”idx-7″ data-show-name=”Don Lemon Tonight” data-show-url=”https://www.cnn.com/shows/cnn-tonight” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_b1ac520a97ae6e2f11c0d1aa071416f3″ data-video-id=”politics/2022/09/07/steve-bannon-new-york-surrender-indictment-border-wall-efforts-honig-sot-dlt-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_b1ac520a97ae6e2f11c0d1aa071416f3″>
Now playing
Watch: Honig explains why this means more legal trouble for Steve Bannon
Washington Post reporter Devlin Barrett joins CNN’s Anderson Cooper to discuss his reporting that the FBI recovered material relating to a foreign nation’s nuclear capabilities during their search of former President Donald Trump’s Mar-a-Lago residence.
” data-duration=”05:44″ data-editable=”settings” data-headline=”WaPo: Material on foreign nation’s nuclear capabilities seized at Mar-a-Lago” data-index=”idx-8″ data-show-name=”Anderson Cooper 360″ data-show-url=”https://www.cnn.com/shows/ac-360″ data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_882adb70a61f96db334f0fff74b21882″ data-video-id=”politics/2022/09/07/wapo-mar-a-lago-document-foreign-power-nuclear-capabilities-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_882adb70a61f96db334f0fff74b21882″>
Now playing
WaPo: Material on foreign nation’s nuclear capabilities seized at Mar-a-Lago
Former White House Press Secretary Stephanie Grisham reacts to former President Trump’s proposal of pardoning Jan. 6 rioters if he is reelected.
” data-duration=”01:40″ data-editable=”settings” data-headline=”‘Ridiculous’: Former WH official on Trump’s offer to pardon Jan. 6 rioters” data-index=”idx-9″ data-show-name=”Erin Burnett Out Front” data-show-url=”https://www.cnn.com/shows/erin-burnett-out-front” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_1da3b55ba778f1df0acdd6bba23f1842″ data-video-id=”politics/2022/09/06/trump-jan-6-pardons-stephanie-grisham-sot-ebof-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_1da3b55ba778f1df0acdd6bba23f1842″>
Now playing
‘Ridiculous’: Former WH official on Trump’s offer to pardon Jan. 6 rioters
Longtime Republican official Peter Wehner, who worked with President Reagan and both Bush presidencies, tells CNN’s Jake Tapper he thinks President Biden’s comments condemning some in the GOP were accurate.
” data-duration=”01:54″ data-editable=”settings” data-headline=”Longtime GOP official: Republican leaders are cowards” data-index=”idx-10″ data-show-name=”The Lead” data-show-url=”https://www.cnn.com/shows/the-lead” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_ac5a8e35478376ee2a86530e835dee64″ data-video-id=”politics/2022/09/06/peter-wehner-trump-gop-mccarthy-biden-sot-lead-sot-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_ac5a8e35478376ee2a86530e835dee64″>
Now playing
Longtime GOP official: Republican leaders are cowards
CNN legal analyst Norm Eisen weighs in on the video, newly obtained by CNN, that shows a former Georgia Republican Coffee County official escorting two operatives, hired by an attorney for former president Donald Trump, into the county’s election offices on the same day a voting system there was illegally breached.
” data-duration=”02:20″ data-editable=”settings” data-headline=”See video of ex-Georgia official escorting Trump operatives into election offices” data-index=”idx-11″ data-show-name=”” data-show-url=”” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_c9d4061beb35e7849a1085a068e7fc22″ data-video-id=”politics/2022/09/06/trump-lawyer-election-georgia-official-drew-griffin-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_c9d4061beb35e7849a1085a068e7fc22″>
Now playing
See video of ex-Georgia official escorting Trump operatives into election offices
CNN legal analyst Norm Eisen weighs in on the video, newly obtained by CNN, that shows a former Georgia Republican Coffee County official escorting two operatives, hired by an attorney for former president Donald Trump, into the county’s election offices on the same day a voting system there was illegally breached.
” data-duration=”03:16″ data-editable=”settings” data-headline=”Hear detail about Georgia official that stood out to legal analyst” data-index=”idx-12″ data-show-name=”Newsroom” data-show-url=”https://www.cnn.com/shows/newsroom” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_ed54bc02035d6a41a7aec1f78437f69b” data-video-id=”politics/2022/09/06/donald-trump-lawyer-election-georgia-official-norm-eisen-analysis-sot-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_ed54bc02035d6a41a7aec1f78437f69b”>
Now playing
Hear detail about Georgia official that stood out to legal analyst
A federal judge threw a wrench in the Justice Department investigation into potential mishandling of documents from former President Donald Trump’s White House by granting his request for a special master to review evidence seized from his Florida home last month. Former FBI Deputy Director Andrew McCabe weighs in on the development.
” data-duration=”00:49″ data-editable=”settings” data-headline=”‘Huge win’: McCabe on Trump’s special master ruling” data-index=”idx-13″ data-show-name=”Situation Room” data-show-url=”https://www.cnn.com/shows/situation-room” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_87f9615241fb383998136fdfe286556a” data-video-id=”politics/2022/09/06/trump-special-master-ruling-mar-a-lago-mccabe-sot-sitroom-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_87f9615241fb383998136fdfe286556a”>
Now playing
‘Huge win’: McCabe on Trump’s special master ruling
In an interview with CBS, former first lady and presidential candidate Hillary Clinton revealed the reason why she wears the pantsuits she has become iconic for.
” data-duration=”00:55″ data-editable=”settings” data-headline=”‘Suggestive’ photographs are the reason Hillary Clinton wears pant suits” data-index=”idx-14″ data-show-name=”” data-show-url=”” data-source=”CNN” data-uri=”archive.cms.cnn.com/_components/video-resource/instances/h_ba3bd9f33a7dd9b336018e62fb375f13″ data-video-id=”politics/2022/09/05/hillary-clinton-pantsuit-cbs-ldn-vpx.cnn” data-video-instance=”archive.cms.cnn.com/_components/video-resource/instances/h_ba3bd9f33a7dd9b336018e62fb375f13″>
Now playing
‘Suggestive’ photographs are the reason Hillary Clinton wears pant suits
CNN —
The Justice Department is appealing a court-ordered special master review of the materials seized by the FBI at former President Donald Trump’s Florida home, it said Thursday.
The Justice Department is also asking US District Judge Aileen Cannon, the Trump-appointee who ordered the special master, to partially pause part of her order, originally delivered on Labor Day, with the prosecutors saying the government has halted the intelligence community’s review of classified documents.
The FBI seized more than 100 classified records during the August 8 search of Mar-a-Lago, according to DOJ, but there’s no way to separate the intelligence community’s review and the FBI criminal investigations, the government said in its request for the partial stay with Cannon.
“The application of the injunction to classified records would thus frustrate the government’s ability to conduct an effective national security risk assessment and classification review and could preclude the government from taking necessary remedial steps in light of that review – risking irreparable harm to our national security and intelligence interests,” DOJ wrote.
The Justice Department had vigorously opposed the appointment of a special master, which is a third-party attorney tasked with reviewing evidence and filtering out privileged documents. The department argued to Cannon the independent review wasn’t necessary, given the internal DOJ filter practices that had been used in the search. Prosecutors say it would impede both the criminal investigation into the handling of documents from Trump’s White House and national security risk analysis being conducted by the intelligence community.
In her Monday order granting Trump’s request for the special master, Cannon halted any use of the seized materials for the DOJ’s criminal investigation. She said, however, that the intelligence community’s assessment could continue. The Justice Department on Thursday said Cannon’s order was incompatible with the investigation.
“The injunction against using classified records in the criminal investigation could impede efforts to identify the existence of any additional classified records that are not being properly stored – which itself presents the potential for ongoing risk to national security,” DOJ said Thursday.
Cannon had also ordered that the independent review look for documents potentially covered by executive privilege – in addition to the attorney-client privilege concerns that are usually a special master’s focus.
The move, described as novel by both the Justice Department and outside legal experts, stands to protract the review as the criminal investigation remains hindered by Cannon’s injunction.
Trump filed the lawsuit seeking the special master two weeks after the search warrant was executed on his Mar-a-Lago residence and resort. According to submissions the Justice Department made to the magistrate judge who approved the warrant, the FBI is investigating potential violations of the Espionage Act, criminal mishandling of government documents and obstruction of justice.
Cannon has ordered the Justice Department and Trump’s lawyers to file legal briefs laying out their proposed candidates to serve as special master, along with recommendations for how the review should proceed.
According to the order, the review will include materials covered by executive privilege – a legal gray area that has been perhaps the source of the sharpest contention in the case.
The prosecutors told Cannon that if she did not grant their request to suspend parts of her ruling by September 15, they’d seek the intervention of the 11th US Circuit Court of Appeals.
This story has been updated with additional details.
Source: https://www.cnn.com/2022/09/08/politics/mar-a-lago-special-master-justice-department/index.html