Trump FBI raid: What is a court-appointed special master?

A “special master” is a court-appointed attorney who can step in to review documents when volumes of evidence are at play in a court case, a legal expert tells Fox News Digital. Former President Trump’s legal team continues to press for a special master to review documents seized from his Mar-a-Lago estate.

A special master is an “extension of the authority of the court,” according to criminal defense attorney and George Washington University professor Jonathan Turley. 

They are appointed by federal judges, frequently in both civil and criminal cases, typically when there is a lot of evidence to sort through.

In this case, Turley says, a special master would likely be given a mandate by a federal court to perform an independent review of the seized documents from Mar-a-Lago to determine their status, including if any documents were seized outside of the scope of the FBI’s warrant or if any documents are subject to attorney-client privilege. 

TRUMP FBI RAID: DOJ FILES RESPONSE ON POSSIBLE ‘SPECIAL MASTER’ APPOINTMENT FOR MAR-A-LAGO DOCS

Judges can appoint any qualified attorney as special master — for example, a retired senior status judge or retired senior Justice Department official. In this case, the judge will likely look for an attorney with a security clearance, Turley says. The identities of special counsels are made public, he added.

Turley said the federal judge presiding over the Mar-a-Lago case, Aileen M. Cannon of the Southern District of Florida, can make the decision to appoint a special master on her own without consent or request of Trump’s legal team or the DOJ, and she has previously indicated “preliminary intent” to do so. 

Turley believes that DOJ’s argument against the Trump team’s “right” to request a special counsel in this case is “rather untenable.”

The Justice Department argued in it’s court filing Tuesday that “the appointment of a special master would impede the government’s ongoing criminal investigation and — if the special master were tasked with reviewing classified documents — would impede the Intelligence Community from conducting its ongoing review of the national security risk that improper storage of these highly sensitive materials may have caused and from identifying measures to rectify or mitigate any damage that improper storage caused.

DOJ FILING ON TRUMP RAID ‘SPECIAL MASTER’ REQUEST: READ THE DOCUMENT

“This case does not involve any of the types of circumstances that have warranted appointment of a special master to review materials potentially subject to attorney-client privilege.”

Trump’s team has a deadline of 8 p.m. ET Wednesday to respond to DOJ ahead of a 1 p.m. ET hearing in Florida Thursday.

Fox News’ Tyler Olson, Jake Gibson, Brie Stimson and Cecilia Duffy contributed to this report.

Pence says he didn't take classified material, calls for 'unprecedented transparency' after Mar-a-Lago raid

Former Vice President Mike Pence said Friday that he did not take any classified information or materials with him after he left office in January 2021.

The comment comes as FBI officials found classified and “top secret” information among boxes of documents during a raid at former President Donald Trump’s private Florida estate, Mar-a-Lago last week. The raid was part of a larger investigation into whether Trump mishandled classified information or potentially violated the Espionage Act.

During an interview with the Associated Press, Pence was specifically asked if he retained any such documents or information.

“No, not to my knowledge,” Pence answered.

TRUMP MAR-A-LAGO RAID: FLORIDA JUDGE SAYS PORTION OF AFFIDAVIT RELATED TO RAID CAN BE UNSEALED

The former president, who some believe could be pursuing the Republican nomination for the presidency in 2024, said he would not rush to judge Trump over the FBI’s findings, however.

“I honestly don’t want to prejudge it before until we know all the facts,” Pence said about the raid. He also called for transparency by the Justice Department for the “unprecedented action.”

“The concern that millions of Americans felt is only going to be resolved with daylight,” he continued. “I know that’s not customary in an investigation. But this is unprecedented action by the Justice Department, and I think it merits an unprecedented transparency.”

TRUMP CALLS WASHINGTON POST ‘FAKE NEWS’ FOLLOWING REPORT CLAIMING HE’S ‘SCRAMBLING’ FOR LAWYERS AFTER FBI RAID

The former vice president also addressed Wyoming Rep. Liz Cheney’s primary loss to Trump-endorsed challenger Harriet Hageman. Cheney is a vocal critic of Trump and is one of the Republicans on the House Committee Investigating the Capitol Riots on January 6th.

“The people of Wyoming have spoken,” Pence answered, walking his typical fine line of addressing the issue without speaking ill of his former boss or offending Republicans who supported her. “And, you know, I accept their judgment about the kind of representation they want on Capitol Hill.”

“And I appreciate the conservative stance Congresswoman Cheney has taken over the years,” he added. “But I’ve been disappointed in the partisan taint of the Jan. 6 committee from early on.”

LOCAL GOP LEADERS SAY IOWA’S ‘RETAIL POLITICS’ UNIQUELY APPEALS TO 2024 HOPEFULS

The committee has repeatedly called forth former Trump administration officials to testify on the events on Jan. 6, 2021, to determine if Trump played a role in advocating for an invasion of the Capitol building that resulted in several deaths.

Committee members have also sought Pence’s testimony before they wrap up their investigative report next month.

“Beyond my concerns about the partisan nature of the Jan. 6 committee, there are profound constitutional issues that have to be considered,” he said. “No vice president has ever been summoned to testify before the Congress of the United States.”

The interview came as Pence spent two days in Iowa, a state usually visited by potential presidential candidates as its caucus kicks off primary elections. Winners of the Iowa Caucus typically use that early momentum to bolster fundraising and gain polling leads that will help them in other state primaries. 

The Associated Press contributed to this report.

FBI raid on Trump's FL home leaves unanswered questions, AOC's constituents sound off and more top headlines

INSIDE THE INVESTIGATION – FBI raid on Trump’s home leaves Americans with more questions than answers. Continue reading …

BILLIONAIRE’S BENEFIT – AOC’s constituents sound off after Democrats drop tax hike to pass climate initiatives. Continue reading …

CITY COUNCIL CHAOS – Protestors disrupt LA meeting on banning homeless camps near schools. Continue reading …

TAKING BACK POWER – Parents will call the shots in November’s elections and reclaim our culture, Michigan governor candidate Tudor Dixon says. Continue reading …

‘SHE WASN’T AFRAID’- Olivia Newton-John ‘defied all odds’ before her death, says best friend Jane Seymour. Continue reading …

 

‘FBI COMES A-KNOCKING’ – Trump FBI raid represents the ‘spotlight of justice’ in a ‘perilous time,’ Dan Rather says. Continue reading …

BUT HER EMAILS – Hillary Clinton appears to fundraise off Mar-a-Lago search. Continue reading …

THEY’RE ‘WAKING UP’ – CPAC Texas: High-profile Hispanic conservatives discuss community’s political shift. Continue reading …

VETERAN SUPPORT – Biden set to sign bipartisan burn pits legislation. Continue reading …

BLAME GAME- Bloomberg op-ed blames ‘election deniers’ for Biden’s low economic numbers. Continue reading …

POLITICAL FALLOUT – CNN political director says Mar-a-Lago FBI raid can work for Trump and Democrats. Continue reading …

‘BENEFIT OF THE DOUBT’ – MSNBC contributor shares how he thinks Republicans should treat the FBI over the Mar-a-Lago raid. Continue reading …

 

JESSE WATTERS – You can’t just break into a president’s safe and then go silent, Fox News host says. Continue reading …

SEAN HANNITY – Fox New host argues that the FBI and the DOJ have sadly earned the country’s distrust. Continue reading …

LAURA INGRAHAM – We have now learned more about just how petty and venal Attorney General Merrick Garland is, Fox News host says. Continue reading …

 

POLICE ‘EXODUS CRISIS’ – Officers are ditching the job at a rate ‘never seen before.’ Continue reading …

TURNING PAIN INTO ACTION – Virginia 12-year-old is helping kids with cancer after losing his own mom to the disease. Continue reading …

UNDERLYING MOMENTUM – White-hot inflation seen cooling in July but remaining near record high. Continue reading …

MATCH POINT – Tennis legend’s impending retirement causes ‘unprecedented’ ticket sales. Continue reading …

 

What’s it looking like in your neighborhood? Continue reading…

 

  

  

Facebook

Instagram

YouTube

Twitter

LinkedIn

 

Fox News First

Fox News Opinion

Fox News Lifestyle

Fox News Entertainment (FOX411)

  

Fox Business

Fox Weather

Fox Sports

Tubi

  

Fox News Go

Thank you for making us your first choice in the morning! We’ll see you in your inbox first thing Thursday.