Special master appointed to review Mar-a-Lago documents | Early Morning
CHICAGO. I’M MITCH CARR AND THIS IS EARLY MORNING WE’RE FOLLOWING THOSE BREAKING DEVELOPMENTS OUT OF SOUTH FLORIDA WHERE A JUDGE IS APPOINTED A SPECIAL MASTER TO REVIEW THE DOCUMENTS SEIZED FROM THE FORMER PRESIDENT’S MAR-A-LAGO ESTATE. JUDGE AILEEN CANNON APPOINTED FORMER FEDERAL JUDGE RAYMOND DEARIE CANNON ALSO REJECTED THE DEPARTMENT OF JUSTICE’S REQUEST TO CONTINUE ITS CRIMINAL INVESTIGATION INTO THE DOCUMENTS. SO THEY WANTED TO KEEP EXAMINING THEM AS THE SPECIAL MASTER WAS REVIEWING THEM AND THE JUDGE SAID NO. WE’VE BEEN COVERING EVERY NEW DEVELOPMENT SINCE THE SEARCH UNFOLDED ON AUGUST 8TH WHERE FBI AGENTS SEIZED MORE THAN
10,000 DOCUMENTS FROM MAR-A-LAGO ARE JOE KHALEEL IS BRINGING UP TO SPEED ON THE LATEST DEVELOPMENTS THERE. GOOD MORNING. JOE. MITCH. GOOD MORNING. SO JUDGE AILEEN CANNON BY HER RULING YESTERDAY REALLY ANSWERED 2 IMPORTANT QUESTIONS THAT WE HAD OUTSTANDING. 1 WAS WHO WAS THIS SPECIAL MASTER GOING TO BE AND THE SECOND QUESTION WAS, WAS SHE GOING TO COMPLY WITH THE DEPARTMENT OF JUSTICE’S REQUEST. THEY WANTED WHOEVER THIS PERSON WAS TO HAVE LIMITED ACCESS, ESPECIALLY TO THE CLASSIFIED MATERIAL. THEY WANT TO HER GO BACK AND SORT OF THE FIRST RULING SHE MADE. WE NOW KNOW THE ANSWER
TO BOTH OF THOSE QUESTIONS. SO LET’S START ONE BY ONE WITH THE FIRST ONE. WHO WAS THIS PERSON WHO IS THE SPECIAL MASTER. SO JUDGE RAYMOND DEARIE HAS BEEN
IS A BIT OF CONSENSUS THERE. THERE ARE EVEN LIBERAL LEFT-LEANING ATTORNEYS AND PROSECUTORS WHO CALL JUDGE DEARIE FERRER AND EVEN HAND IT SO IMPORTANT TO NOTE, ON. THE SECOND QUESTION, THIS IS WHERE IT REALLY GETS TRICKY MATCH BECAUSE THE DEPARTMENT OF JUSTICE, THEY DIDN’T WANT THIS SPECIAL MASTER TO HAVE FULL ACCESS, ESPECIALLY TO THESE CLASSIFIED. DOCUMENTS. AND THE REASON IS THEY ARE STILL DOING A SEPARATE INVESTIGATION INTO THE NATIONAL SECURITY RISK TO THE UNITED STATES. WHAT KIND OF RISK POSED TO HAVE THIS REALLY HIGHLY CLASSIFIED HIGHLY SENSITIVE MATERIAL. I’M IN THE OPEN AT MAR-A-LAGO. OBVIOUSLY
NOT A SECURE GOVERNMENT FACILITY. THEY’R’RE DOING THAT INVESTIGATION AS WE SPEAK. BUT BECAUSE OF THIS SPECIAL MASTER BEING APPOINTED NOW THAT INVESTIGATION, THE DOJ SAYS IT’S GOING TO HAVE TO STOP. THEY’RE GOING TO HAVE TO PAUSE WHAT THEY’RE DOING IN HANDOVER. ALL OF THESE DOCUMENTS, THEY DIDNOT WANT. THAT’S WHAT THEY DID IS THEY ACTUALLY ASKED JUDGE CANNON TO RECONSIDER THE RULES AROUND THE SPECIAL MASTER APPOINTMENT. SHE WE NOW KNOW IS NOT RULING IN FAVOR OF SHE REJECTED THAT REQUEST. SO NOW THESE DOCUMENTS ARE GOING TO GO TO THIS SPECIAL MASTER JUDGE HE DOES HAVE A
DEADLINE OF NOVEMBER 30TH TO FINISH HIS WORK. BUT THE GOVERNMENT STILL THINKS THAT’S GOING TO SERIOUSLY HAPPIER AND DELAY THEIR INVESTIGATION. NOW MITCH, IT’S NOT THE END OF THIS DISPUTE BY ANY MEANS BECAUSE THE DOJ HAS PROMISED IF JUDGE CANNON DID NOT COMPLY WITH THEIR REQUEST. THEY WERE GOING TO APPEAL IT TO A HIGHER COURT. SO WE FULLY EXPECT AFTER WE GOT DECISION LAST NIGHT. THAT IS GOING TO HAPPEN. THE DOJ IS VERY LIKELY GOING TO FOLLOW THROUGH ON ITS WORK. THEY PUT IT IN PAPER SAYING THEY’RE GOING TO APPEAL THIS. WE’LL SEE WHAT THAT
WHAT THAT HAPPENS OR WOULD BEARS OUT FROM THEIR APPEAL. BUT AS OF RIGHT NOW WE HAVE A SPECIAL MASTER AND HE IS GOING TO CONTINUE TO DO HIS WORK AND BEGIN VERY SOON. LAST A HIGHER COURT SAYS OTHERWISE IT IS INTERESTING IS TO IN THAT ORDER THAT THE JUDGE CANNON ISSUED YESTERDAY. SHE SAID. WELL, THE GOVERNMENT SAYS THAT THEY WANTED TO KNOW BY THE DEADLINE. SO I GUESS LX, BUT IT ROLLING OUT JUST GO AHEAD AND SAY NO. WE’RE GOING TO TALK MORE ABOUT THIS WITH BERNARD OF THE LOW NUMBER. THAT’S JOE KHALIL REPORTING LIVE
FROM DC. WE THANK YOU FOR THAT UPDATE. AND LIKE I SAID, WE’RE GOING TO TALK ABOUT HOW BIG OF A WIN THIS IS FOR TEAM TRUMP AND TO DO THAT, WE’VE GOT FORMER PROSECUTOR AND CRIMINAL DEFENSE ATTORNEY BERNARD OF THE SHE’S BACK FOR SECOND TIME THIS WEEK. WE APPRECIATE YOUR EXPERTISE. HOW BIG OF A WIN IS THIS FOR THE TRUMP TEAM. IT SEEMS LIKE THEY WON BOTH OF THE CRUCIAL ISSUES AND AT LEAST THIS PART OF THIS CASE. GOOD MORNING. THIS JUST IS A HUGE WIN FOR DONALD TRUMP. YOU KNOW, DONALD TRUMP’S PLAYBOOK, HIS PLAYBOOK
IS DELAY, DELAY, DELAY, DELAY PLACE IN FAVOR. SO TO HAND IT TAKE YOU TO ESPECIALLY STUNT. THEY DIDN’T ALLAY ANY CONCRETE LEGAL ARGUMENT IN THEIR PAPERS AND DESPITE THAT JUDGE CANNON STILL RULED AND DONALD TRUMP’S FAVOR. SO THIS IS A HUGE WENT FOR TRUMP. HOPE DOJ CONTINUES TO FIGHT AND WE CAN SEE A RESOLUTION TO REAL QUICK. SO WAIT, SAY THAT AGAIN. THE TRUMP’S LEGAL TEAM DIDN’T REALLY RESPOND VERY MUCH OR DIDN’T HAVE A CONCRETE LEGAL ARGUMENT AND JUDGE CAN STILL RULED IN THEIR FAVOR. EXACTLY. IT. THAT’S WHY HER DECISION IS SO SMART. SO SHE
ISSUED A 10 PAGE THE STATION AND EVERY MEMBER. WHY THERE MAY BE CLASSIFIED INFORMATION, MAYBE MAYBE SOME INFORMATION MAY BE ANY PRIVILEGED INFORMATION, BUT ANYWAY, LET’S NOT TAKE A CHANCE. THAT’S WHAT JUDGE CANNON SAID. AND I’M NOT GOING TO TAKE JAMES WARD THAT THEY HAVE ACTUALLY FILTERED THROUGH THESE DOCUMENTS AND DETERMINED THAT CERTAIN INFORMATION IS CLASSIFIED AND NOT LATE. SO JUDGE JANET. THIS IS NOT GOOD FOR THE FUTURE OF THE COUNTRY THAT ENDED BAD PRECEDENT. SO I THINK THAT’S WHY THE DOJ HAS TO CONTINUE GOING FORWARD AND APPEALING THAT DECISION. BUT THE QUESTION WILL BE
HOW MUCH TIME WILL IT TAKE ALL THE AND THAT’S THE THING ABOUT THESE LEGAL DECISIONS AS THEY ALWAYS CREATE A PRECEDENT. IF YOU READ EVEN JUDGE CANS DECISION. THERE’S PREVIOUS CRIMINAL PER JUDICIAL PRECEDENTS THAT ARE MENTIONED IN THERE. AND THIS JUDICIAL SEE A PRESIDENT WILL NOW BE ARGUED IN FUTURE CASES. AS YOU SAY. BUT I WANT TO TALK ABOUT THE THE JUDGE REJECTING THE DOJ REQUEST TO CONTINUE EXAMINING THESE DOCUMENTS FOR THEIR CRIMINAL PROBE, SORT OF WHILE THE SPECIAL MASTER DOES IT AND THE JUDGE SAID NO, YOU CAN’T DO THAT EITHER IT. SHE BASICALLY SAID
YOUR CASE IS STALLED RIGHT NOW AND TELL THEM SPECIAL MASTER GET THROUGH WITH THIS WORK. AND THAT’S PRETTY MUCH WHAT JUDGE CANNON HAS DONE. HOWEVER, SHE DID SAY NO. YOU COULD CONTINUE INTO EYEWITNEES. YOU CAN CONTINUE TALKING TO PEOPLE. WE JUST CAN’T SHOW DOCUMENTS TO THESE INDIVIDUALS. BUT THE PROBLEM IS, IS THAT WHAT’S RELEVANT. IT’S WHAT’S INSIDE OF BOTH OCCUPANTS THAT IS WHAT’S MAKING AND DRIVING THIS CRIMINAL INVESTIGATION. HOWEVER, WHAT JUDGE CANNON. GOOD IS THAT IN YOUR ORDER. SHE FELL AND DIRECTED JUDGE JERRY TO ISSUE INTO REMOTE PORTS AND TO PRIORITIZE THE STAR IN DOCKING.
THIS IS 11 SET OF DOCUMENTS. SO WON’T HAVE TO WAIT AND SEE WHETHER JUDGE TERRY, NUMBER 1, PRIORITIZING. I BELIEVE HE WILL, HOWEVER, JUDGE CAN AND DID NOT SET A DEADLINE AS TO WHEN TO RETAKE THAT THEY SHOULD HAVE TO DO SO JUDGE CAN THEN THE NIE CHAIN. THAT IS NOT EXTREME AND EXTREMELY WELL, BUT IN TERMS OF THE DAMAGE ASSESSMENT AS WELL AS A CRIMINAL INVESTIGATION. AND THAT’S WHERE WE ARE RIGHT NOW. I SO I’M I’M BEGINNING TO UNDERSTAND A LITTLE BIT ABOUT WHY BOTH SIDES WOULD AGREE TO JUDGE DEARIE WHAT I WAS WHAT
I’VE LEARNED A LITTLE BIT SINCE RESEARCHING HIM IS THAT I WAS TOLD HE IS VERY FAIR AND DOWN THE MIDDLE, WHICH IS SOMETHING THE DOJ WOULD LIKE. BUT ALSO HE’S VERY DELIBERATE AND THAT MEANS SLOW AND THAT’S GOOD FOR THE DELAY OR IN CHIEF. AS YOU SAID, DELAY, DELAY DELAY IS DONALD TRUMP’S TACTIC AND IT SOUNDS LIKE JUDGE DEARIE IS GOING TO TAKE HIS TIME WITH THESE 10,000 DOCUMENTS OR SO. EXACTLY MAKE IT ESPECIALLY SINCE JUDGE TERRY KNOW THAT THE COUNTRY IS WATCHING. SO EVEN THOUGH YOU’RE NOT SUPPOSED TO TAKE THAT INTO CONSIDERATION YOUR DECISION-MAKING.
HE IS AWARE THAT THE COUNTRY IS WATCHING NOSES WATCHING LIKE WILL WAITING WITH EVERY BREATH AS TO WHAT IS AGENT WHEN ARE YOU GOING TO REALLY SHOULD THAT THEY AND WHAT SHOULD WE EXPECT. SO HOW LONG DO YOU THINK WE SHOULD EXPECT HIM TO TAKE WE’RE TALKING ABOUT 10,000 DOCUMENTS HERE. IS THIS GOING TO BE MONTHS. IS IT GOING TO BE WEEKS ANY IDEA. I REGARD TO THE CAUSE. I BELIEVE IT’S LIKE DOCUMENTS. A JUDGE CANDIDATES THAT A DEADLINE THAT HE HAD BECOME, QUOTE THE DECISION-MAKING BY NOVEMBER 30TH. BUT BEFORE NOVEMBER, 30 OF JUDGE TERRY
CAN ISSUE INTERIM REPORT. SO IT’S KIND OF LIKE ROLLING THE YOU CAN TAKE A LOOK AT IT. ISSUE WITH THE FISH AND AS THIS BATCH OF DOCUMENTS AS TO THESE 11 CLASSIFIED DOCUMENT. SO THAT WAY IT KIND OF GIVE US SOME INSIGHT AS TO WHERE WE’RE CALLING FOR THE DOJ. THE MOST IMPORTANT PART ARE THOSE 11 DOMENTS CLASSIFIED DOCUMENTS BECAUSE THAT’S WHAT THEY’RE YOU THINK FOR THE CRIMINAL INVESTIGATION AS WELL AS TO ASSESS THE DAMAGE TO NATIONAL SECURITY. OKAY. SO CAN THE DOJ APPEAL THIS DECISION OR WE’LL JUST GO AHEAD AND APPEAL THE ORIGINAL DECISION
TO APPOINT A SPECIAL MASTER. HOW MANY APPEALS ARE UP LATER. DON’T THINK THE DOJ IS GOING TO APPEAL THAT DECISION TO APPOINT A SPECIAL MASTER, ESPECIALLY SINCE THEY AGREE OR COMPROMISE TO JUDGE JERRY. BUT THE PART THAT THEY ARE GOING TO APPEAL AND THIS IS WHY JUDGE CAN ISSUE THEIR DECISION BEFORE THURSDAY YESTERDAY BECAUSE THE DOJ STATED IN THEIR PAPERS. IF WE DON’T GET A DECISION BY THURSDAY. WE’RE GOING TO GO AHEAD AND APPEAL. SO DOJ IS GOING TO APPEAL TO 11TH CIRCUIT. THE PROBLEM WITH THE 11TH CIRCUIT IS THAT IT’S A CONSERVATIVE CIRCUIT AND
6 ABOUT SITTING WERE APPOINTED BY TRUMP. SO THAT NUMBER WHAT IS AT ISSUE. ALSO AN ISSUE WITH HOW WELL WITH THAT APPEAL. TAKE. HOW LONG WOULD IT TAKE 11TH CIRCUIT TO REACH A DECISION WILL BE LONGER THAN DO NOVEMBER 30TH DEADLINE. SO WE DON’T KNOW. SO IT FOR DOJ. THEY HAVE TO MAKE A DECISION AT 2. SO WE JUST GO FORWARD AND WAIT FOR THE SPECIAL MASTER TO ANSWER OR SHOULD WE SAY THE PROCEEDINGS AND POSSIBLY DELAYED LONGER THAN NOVEMBER 30TH IN ORDER TO GET A DECISION THAT MAY NOT EVEN BE IN YOUR FAVOR YOU
GOT TO REMEMBER THERE’S NO LEGAL STANDARD OF TO EXECUTIVE PRIVILEGE BECAUSE THIS HASN’T BEEN DONE BEFORE AT THE BEEN LITIGATED. IT SOUNDS LIKE IT’S GOING UP IN THE SUPREME COURT BECAUSE THAT’S WHERE THE NATIONAL PRESIDENT GETS SET. BUT WE’LL HAVE TO WAIT AND SEE ON THAT ONE MORE NOTE HERE, BERNARD A JUDGE CANNONS ORDER ALSO SAID THAT TRUMP IS RESPONSIBLE FOR 1 100% OF THE COST OF THE SPECIAL MASTER HE HAD ASKED THE GOVERNMENT BE ASKED TO PAY FOR OR THAT THEY SPLIT BUT IT’S GOING TO GO 100% ON DONALD TRUMP’S TAB. YOU CAN ADD
TO THE TAB AND SHE IS BERNARD OF THE LOAN A FORMER PROSECUTOR AND CRIMINAL DEFENSE ATTORNEY. WE THANK YOU FOR LENDING US YOUR LEGAL EXPERTISE ON EARLY MORNING TODAY. THANK YOU
