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DOJ appeals judge's appointment of special master to Trump case

Cannon declined to return the documents to Trump but empowered the special master to make that decision.

Published: September 8, 2022 4:08pm

Updated: September 8, 2022 4:21pm

The Department of Justice has appealed a judge's decision to appoint a special master to review documents the FBI took from Donald Trump's Florida estate.

The DOJ filed the appeal to the 11th Circuit Court of Appeals, per Politico, arguing that temporarily halting its probe into the former president's handling of classified materials would cause "irreparable harm" to the public and the government.

On Monday, U.S. District Judge Aileen Cannon, a Trump appointee, granted the former president's request to have a third party evaluate the materials the bureau took from his home during its raid.

Cannon declined to return the documents to Trump but empowered the special master to "review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property."

The decision drew scrutiny from prominent Trump opponents who pointed to her appointment by Trump as a potential concern.

"Her actions make the question 'Who appointed the judge?' a sadly relevant one in evaluating a judicial opinion," wrote former lead prosecutor for the Mueller investigation Andrew Weissmann.

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