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Saturday, January 28, 2023

Judge formally rejects Trump’s lawsuit for independent expert in Mar-a-Lago case

(CNN) — An independent expert review of evidence seized from the Mar-a-Lago home of former President Donald Trump will not continue.

On Monday, Judge Eileen Cannon formally dismissed the case in which Trump sought to challenge the seizure of evidence at Mar-a-Lago and appointed independent expert Raymond Derry, another judge in order to recommend whether prosecutors could have access. evidence.

The decision to dismiss the case now gives the Justice Department full access to thousands of records and other artifacts found among classified documents in the beach club and Trump’s private office.

Cannon’s move comes after a higher appeals court ruled that the judge did not have authority to become involved in a Justice Department criminal investigation before charges were filed. The court told Cannon that the case should be dismissed and that there would be no further proceedings before it in the Southern District of Florida.

The new order concludes what was a rare silver lining for Trump in his efforts to stem growing scrutiny into his conduct.

Cannon — whom Trump appointed to federal court in the same judicial district as Mar-a-Lago — drew criticism from across the ideological spectrum for the way he handled the lawsuit filed in Trump’s day. following an FBI raid on his private residence.

That criticism culminated in a scathing opinion from the appeals court panel, filled with GOP nominees, that ripped apart Trump and Cannon’s justification for why an independent expert was necessary.

For the review, Cannon assigned Deary, a Brooklyn judge, to resolve disputes between Trump and the Justice Department over whether certain documents obtained in the search should be withheld from federal investigators.

Although Derry was tasked with making recommendations on those issues, Canon was to be the final arbiter on those disputes until the US Court of Appeals for the 11th Circuit ruled that the appointment of an independent expert was not warranted.

Because the canon prevented Justice Department investigators from using seized documents in their criminal investigations while the special expert process was underway, the review could delay the Justice Department process. The department is evaluating whether three criminal laws were violated in the way sensitive government documents were brought to and stored from the Trump White House at Mar-a-Lago.

Earlier in the litigation, the Justice Department obtained an exception from the 11th Circuit allowing authorities to use documents marked classified that were seized in searches in their investigation.

And there were other indications that the probe had moved forward while large parts of it were in cold storage. The federal grand jury overseeing the investigation has heard testimony from Trump advisers in recent weeks.

The investigation is now in the hands of Special Counsel Jack Smith, who has stressed his desire not to slow it down.

Still, prosecutors warned that the review hindered their ability to question witnesses about how certain documents were handled and mixed with Trump’s personal effects at his home.

Trump had argued that some of the documents obtained by the FBI were of attorney-client privilege, executive privilege or personal nature, keeping them out of bounds for criminal investigations.

Although the independent expert’s order had the effect of hindering aspects of the department’s investigation, it also led to unprecedented insight into the documents’ investigation, even for Trump’s legal team, as the Justice Department opened up to the court. Argued before that third party review was not necessary.

World Nation News Desk
World Nation News Deskhttps://worldnationnews.com/
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