Month: September 2022

A federal judge in Florida was presented arguments by lawyers for both the Justice Department and former President Donald Trump, on whether a special master should be assigned to review documents seized from Trump’s Mar-a-Lago home. Judge Aileen Cannon did not immediately rule if a third party should be assigned to determine whether the documents seized from Trump’s Palm Beach, Fla. estate contained possibly privileged information, but said she would issue a written ruling later. Cannon on Thursday said she would consider allowing the intelligence community to continue to review the seized documents if a special master is appointed, while also temporarily blocking the Justice Department from accessing the materials for its criminal probe.

The FBI said it recovered more than 320 classified documents from Mar-a-Lago, including 100 seized in August when agents executed a search warrant. Trump voluntarily turned over 15 boxes to the National Archives in January, and his team turned over other materials under subpoena in June. FBI agents seized another 33 boxes during the search of Mar-a-Lago.

“The government should provide to the special master and to movant a copy of the seized materials, a copy of the search warrant and an unredacted copy of the underlying application materials,” Trump’s lawyers said in a court filing Wednesday. Trump lawyer James Trusty accused the Justice Department of trying to “criminalize” the Presidential Records Act, saying: “We’ve characterized it at times as an overdue-library-book scenario where there’s a dispute — not even a dispute — but ongoing negotiations with [the National Archives] that has suddenly been transformed into a criminal investigation.” 

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On Thursday, a federal judge in Atlanta ruled that Sen. Lindsey Graham must comply with a subpoena and testify before the grand jury in the criminal probe into efforts to overturn Georgia’s 2020 presidential election results.

Judge Leigh Martin May limited the scope of questioning but will allow questions about alleged efforts to persuade Georgia Secretary of State Brad Raffensperger to alter election practices. Said May: “Senator Graham may be questioned about any alleged efforts to encourage Secretary Raffensperger or others to throw out ballots or otherwise alter Georgia’s election practices and procedures. Likewise, the grand jury may inquire into Senator Graham’s alleged communications and coordination with the Trump Campaign and its post-election efforts in Georgia, as well as into Senator Graham’s public statements related to Georgia’s 2020 elections.”

May wrote in her decision that Raffensperger “has stated publicly that he understood Senator Graham to be implying or otherwise suggesting that he (Secretary Raffensperger) should throw out ballots. As the Court has previously stated, any such ‘cajoling,’ ‘exhorting,’ or pressuring of Secretary Raffensperger (or any other Georgia election officials) to throw out ballots or otherwise change Georgia’s election processes, including changing processes so as to alter the state’s results, is not protected legislative activity under the Speech or Debate Clause.”

The judge’s order also said the speech and debate clause of the U.S. Constitution prohibits “questions about Senator Graham’s investigatory fact-finding on the telephone calls to Georgia election officials, including how such information related to his decision to certify the results of the 2020 presidential election.”

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