Donald Trump and his lawyers were spared from having to submit a sworn declaration about the FBI's description of the items seized from his South Florida home.
Cannon's ruling wiped away an earlier decision from the outsider arbiter that she herself had appointed to review the more than 11,000 documents retrieved from Mar-Lago during an August 8 search of Trump's residence and private club in West Palm Beach. Senior Judge Raymond Dearie ordered Trump's lawyers to respond by October 7 if they objected to the completeness and accuracy of the FBI's inventory of records.
Cannon said her order appointing Dearie "did not contemplate that obligation for Trump's lawyers and the former president."
Power dynamics were exposed in the high-stakes dispute between Trump and the Justice Department over records seized from the FBI's unprecedented search of a former president's house. Cannon's decision marks a clear exertion of force over proceedings.
Barb McQuade, a University of Michigan law professor who was the top federal prosecutor in Detroit during the Obama administration, said that Judge Cannon reminded Judge Dearie that she was still in charge.
McQuade said that she was reversing Judge Dearie's order requiring Trump to put up or shut up about "planted" evidence. At least for now, Judge Cannon's order allows Trump to keep that defense.
Dearie, who was appointed to sift out records potentially covered by attorney-client or executive privilege, said that Trump's lawyers couldn't suggest that the inventory of seized items was inaccurate without providing evidence. The submission will be Trump's final chance to raise any factual dispute as to the completeness and accuracy of the Detailed Property Inventory.
Cannon was sued by Trump on August 22 for appointing a special master to review records. Cannon has drawn criticism over rulings that legal experts have seen as showing unusual solicitude to the former president.
Cannon initially included more than 100 documents marked as classified in the special master review, preventing the Justice Department from accessing them as part of its criminal investigation into the handling of government records. The US Court of Appeals for the 11th Circuit reversed that key part of her ruling, with a three-judge panel embracing the Justice Department's argument that any further delay in reviewing the records would compromise national security and cause "irreparable harm" to the government and public.
Cannon extended the end date for the special master review from November 30 to December 16.
He might be able to work on a more expedited schedule. Trump's lawyers argued that it was too fast and that they couldn't find outside vendors to help with the review that was willing to work on that time frame.
Cannon wrote "This modest enlargement is necessary to allow adequate time for the Special Master's review and recommendations given the circumstances as they have evolved since entry of the Appointment Order"
The story is evolving.
All Rights Reserved © 2024
