Judge authorizes appointment of "special master" to review Mar-a-Lago documents

SO MUCH FOR BREAKING IT DOWN. >> Reporter: THANK YOU. >>> WE ARE FOLLOWING BREAKING NEWS. A FEDERAL JUDGE HAS AUTHORIZED THE POINTMENT OF A SPECIAL MASTER TO REVIEW THE DOCUMENTS SEIZED FROM FORMER PRESIDENT TRUMP’S ESTATE AT MAR A LAGO LAST MONTH. WE WANT TO GET RIGHT OUT TO CBS NEWS CONGRESSIONAL CORRESPONDENT SCOTT MCFARLAND. BREAK IT DOWN FOR US, WILL YOU? >> Reporter: THE JUDGE APPROVED THE REQUEST FOR THE APPOINTMENT OF A SPECIAL MASTER AND ASKS THE JUSTICE DEPARTMENT AND THE TRUMP DEFENE TEAM TO COME UP WITH SOME LIST OF POTENTIAL CANDIDATES BY THIS FRIDAY. BUT

THE TIMETABLE BEYOND THAT IS A LITTLE LESS THAN CLEAR. WE KNEW THE JUDGE WAS GOING TO COME UP WITH SOME RULING ON THIS REQUEST AT SOME POINT. DIDN’T EXPECT IT TO HAPPEN ON A FEDERAL HOLIDAY. BUT HERE IT IS THE SOUTHERN DISTRICT OF FLORIDA THIS RULING APPROVING THE SPECIAL MASTER. THE BOTTOM LINE IN THE MEANTIME, BEFORE A SPECIAL MASTER WAS ACTUALLY APPOINTED IS THIS. THE JUSTICE DEPARTMENT, THE FEDERAL GOVERNMENT IS TEMPORARILY BLOCKED FROM CONTINUING ANY REVIEW OF THOSE RECORDS SEIZED FROM MAR A LAGO FOR ANY CRIMINAL INVESTIGATION UNTIL THE SPECIAL MAST SOLDIER NAMED, AND CONCLUDES

HIS OR HER PROCESS AND REPORTS BACK TO THE COURT. THAT COULD BE A PROCESS THAT IS MEASURED BY WEEKS

OR MONTHS, NOT JUST HOURS OR DAYS. THE JUSTICE DEPARTMENT IS BLOCKED FROM REVIEWING THE RECORDS BY THE JUDGE, BUT A NATIONAL SECURITY ASSESSMENT, AN INTELLIGENCE REVIEW ABOUT WHETHER THE NATION’S SECURITY HAS BEEN IMPACTED OR COMPROMISED, THAT CAN CONTINUE IN THE MEANTIME. THAT IS A PART OF THIS 24-PAGE RULING FROM FEDERAL JUDGE EILEEN CANNON. >> SO SCOTT, HOW WILL THIS DELAY IMPACT THE JUSTICE DEPARTMENT’S ONGOING INVESTIGATION INTO THE FORMER PRESIDENT’S HANDLING OF THESE DOCUMENTS? >> Reporter: IT

IS GOING TO CAUSE SOME DELAY. BUT I THINK WE SENSED THAT WAS GOING TO HAPPEN ONCE THE FEDERAL JUDGE SAID A RULING WAS GOING TO HAPPEN. ORAL ARGUMENTS AT THE HEARING BEFORE A FEDERAL JUDGE. SHE HAD INDICATED SHE WAS SOMEWHAT SUPPORTIVE OF THIS IDEA OF A SPECIAL MASTER. ONCE SHE GAVE THAT INDICATION, I THINK FEDERAL INVESTIGATORS RECOGNIZED THEY MAY BE COMING UP ON A DETOUR OR A DELAY. THE LENGTH, THE SCOPE, THE BREADTH OF THAT DELAY IS LESS THAN CLEAR RIGHT NOW. BUT IT IS GOING TO TAKE DAYS JUST TO GET THROUGH THE NAMING OF

A SPECIAL MASTER PROCESS. MUCH LESS THE ACTUAL SPECIAL MASTER’S REVIEW. IT IS WORTH RESETTING WHAT A SPECIAL MASTER IS. IT IS AN INDEPENDENT THIRD PARTY. AN OUTSIDE, UNAFFILIATED PARTY, WHO COMES IN TO REVIEW THESE RECORDS, TO SEE WHAT THEY HAVE TO BE SET ASIDE, WHAT MAY BE OKAY FOR THE JUSTICE DEPARTMENT TO HAVE, WHAT, PERHAPS, IS IMPACTED BY EXECUTIVE PRIVILEGE OR ATTORNEY-CLIENT PRIVILEGE. IN THE PAST, SPECIAL MASTERS HAVE BEEN CALLED IN TO DEAL WITH ISSUES OF PRIVILEGE OR TO DEAL WITH REALLY TRICKY, ARCANE LEGAL MATTERS, LIKE PATENT LAW OR ENVIRONMENTAL MATTERS AND OFTEN SPECIAL MASTERS

ARE FEDERAL JUDGES PAST, RETIRED, FORMER FEDERAL JUDGES, IN SOME CASES, LAW PROFESSORS, LEGAL SCHOLARS, THOSE WHO DON’T HAVE AN AFFILIATION TO THE U.S. GOVERNMENT. BUT HAVE THE TYPE OF EXPERTISE YOU NEED TO BE RELEVANT AND EXPERT IN THIS TYPE OF ARCANE AND SOMETIMES CHALLENGING MATTER. >> SO WE KNOW THE JUSTICE DEPARTMENT, SCOTT, OPPOSED THIS DECISION. HOW DO WE EXPECT THE DOJ TO REACT? >> Reporter: IT IS VERY POSSIBLE THEY WILL REACT IN A COURT FILING, EITHER IN AN APPEAL OR ASKING FOR SOME CLARITY. WE DON’T HAVE ANYTHING YET BUT THEY COULD SAY HEY, WE THINK

WE NEED TO APPEAL PART OF YOUR ORDER OR THE ENTIRETY OF YOUR ORDER AND THEY CAN DO THAT IN THE SOUTHERN DISTRICT OF FLORIDA OR PRESUMABLY AT AN APPELLATE COURT. BUT ALSO WOULDN’T BE SURPRISING FOR THE JUSTICE DEPARTMENT WERE TO ISSUE A PUBLIC STATEMENT, A PUBLIC COMMENT ABOUT THIS BECAUSE THE OF THE NOTORIETY OF THE CASE AND THE FACT IT HAS THE ATTENTION OF THE ENTIRE COUNTRY. >> I KNOW YOU HAVE BEEN FOLLOWING THIS CLOSELY. HOW SURPRISED ARE YOU THERE WOULD POTENTIALLY BE A SPECIAL MASTER APPOINTED AND THAT IT WOULD BE ON A HOLIDAY? >>

THE SECOND PART IS MORE SURPRISING THAN THE FIRST. OUR HEARING ON THIS OUR CORRESPONDENTS INDICATED THE JUDGE WAS SYMPATHETIC TO THE TRUMP LEGAL TEAM’S VIEW THAT A SPECIAL MASTER WOULD BE BENEFICIAL IN THIS CASE. BECAUSE IT IS A ONE OF A KIND CASE AND I THINK EVERYBODY AGREES ON THAT. THE TIMING? WELL THAT IS DIFFERENT. FEDERAL COURTS TEND TO DO THINGS ON THEIR OWN TIME FRAME. FEDERAL JUDGES ARE RARELY BOUND BY SOMEBODY ELSE’S TIME PREFERENCES, BUT IT IS A FEDERAL HOLIDAY. COURT HOUSES ARE CLOSED. AND MANY OF THE PLAYERS MAY BE OFF LINE TODAY. BUT