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The Lawfare Podcast

About That Special Master Ruling

The Lawfare Podcast

The Lawfare Institute

Current Events, Foreign Policy, Terrorism, Constitutional Law, News, Diplomacy, History, Government, International Law, Rule Of Law, Law, Military, National Security, International Relations, Politics, Intelligence

4.76.2K Ratings

🗓️ 7 September 2022

⏱️ 59 minutes

🧾️ Download transcript

Summary

Monday afternoon, a federal judge in Florida acceded to Donald Trump's motion to appoint a special master to review privilege claims arising out of the Mar-a-Lago search. The ruling was not a particular surprise given that the judge had foreshadowed that it was coming, but it shocked observers nonetheless on a number of different bases. The decision raised questions of how it would affect the Justice Department's ongoing investigation of document retention at Mar-a-Lago. Would the department appeal, would it seek a stay, and who could possibly serve as special master for such a task?

Lawfare editor-in-chief Benjamin Wittes sat down before a live audience on Twitter Spaces with Lawfare executive editor Natalie Orpett, Lawfare contributing editor Jonathan Shaub, and Lawfare student contributor Anna Bower, who attended the hearing. They talked about whether the opinion is quite as outlandish as many commentators seem to think, about how the Justice Department would likely respond, and whether it could just let it stand. They also nominated their picks for special master and took questions from the audience. 

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Transcript

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I think if it's a 20 client privilege it would be a totally different matter and perhaps

1:27.0

sure we'll go have an impartial observer but I think with executive privileges doesn't

1:31.9

work in this scenario.

1:34.2

I'm Benjamin Whittes and this is the LawFair podcast September 7th, 2022.

1:41.5

One day afternoon a federal judge in Florida aceded to Donald Trump's motion to appoint

1:48.1

a special master to review privileged claims arising out of the Mara Lago search.

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