Now that a federal judge has granted Donald Trump's request for a special master to review the documents seized from Mar-a-Lago during last month's FBI raid, questions have been raised as to who could fill that role.
On Monday, U.S. District Judge Aileen Cannon granted the former president's request for a special master to be brought in to determine if any of the materials removed from Mar-a-Lago in August, including top secret documents, are protected by attorney-client privilege or executive privilege.
The decision as to who the special master will be will ultimately be made by Cannon, but the judge gave the Department of Justice and Trump's legal team until September 9 to submit a filing that includes a list of potential candidates.
However, given the nature of the documents to be reviewed and the security clearance required to review the classified materials, will make finding a qualified person acceptable to both the Department of Justice and Trump's legal team, extremely difficult.
Mathew Miller, lawyer and former Director of the Office of Public Affairs at the Justice Department tweeted on Monday: "So all Judge Cannon has to do now is find a special master who: a. is an expert in one of the more contested, unexplored areas of the law; b. already has a Top Secret clearance; c. isn't seen as tainted through service in a recent administration. Goood luck."
So all Judge Cannon has to do now is find a special master who:
a. is an expert in one of the more contested, unexplored areas of the law;
b. already has a Top Secret clearance;
c. isn't seen as tainted through service in a recent administration.
Goood luck.
In her ruling, Cannon also said the Department of Justice must stop using any of the materials seized from Trump's Florida home as part of the criminal investigation into the alleged mishandling of classified documents until the special master's review is complete.
The decision from Cannon, who was appointed by Trump, to approve the request for a special master, was met with outcry from a number of legal experts, with many disputing the argument that executive privilege can be cited in a federal criminal investigation, especially by Trump, who is no longer president or part of the executive branch.
A special master is someone who is appointed by a court to carry out actions or duties on its behalf.
In most cases, special masters are attorneys or retired judges, or some sort of legal expert. They are often brought in as an independent third party who could review materials that could be covered by attorney-client privilege.
David Cohen, a special master who serves in federal cases, told NPR on Monday that as well as usually being an attorney, the primary qualification for any special master is somebody who "can remain neutral."
"You can't come in and be a judge or a special master with an agenda or really kind of wanting one side to win, you need to look at all the facts and the evidence and what the parties are arguing, and apply the law to the facts and come out to what the right result is regardless of who is appearing before you," Cohen said.
The Department of Justice argued that bringing in a special master to review the documents seized from Trump's home is unnecessary, but if one was to be brought in they must already have a Top Secret/SCI security clearance needed to review sensitive materials.
This request, which only applies to those who have worked at the highest levels of government, would rule out a majority of current or former attorneys or legal experts.
Previous high-profile special masters such as Kenneth Feinberg, a Democratic lawyer who was appointed the special master for 9/11 Victims Compensation Fund, would not have the security clearance required by the Department of Justice to review Trump's documents.
Several legal experts have made suggestions that former President Barack Obama and ex-Secretary of State Hillary Clinton could both be brought in as a special master, seeing as they both worked as attorneys and would have the top-level security clearance.
However, the far-fetched idea would almost certainly be rejected by Trump's team, if the Department of Justice considered Clinton and Obama as candidates at all.
While arguing against the need for a special counsel to be brought in, the Department of Justice said it "would impede the government's ongoing criminal investigation."
Others have speculated that Trump's attempt to get a special master appointed- and the subsequent search for a suitable candidate-is nothing more than a delay tactic.
"The order to appoint a 'special master' is obviously a delay tactic. That a federal judge would go along with such a tactic is deeply disturbing," Colorado Democratic congresswoman Diana DeGette said on Twitter.
"In the interest of justice and our national security, we need this investigation to proceed without delay."
The order to appoint a "special master" is obviously a delay tactic. That a federal judge would go along with such a tactic is deeply disturbing.
In the interest of justice and our national security, we need this investigation to proceed without delay.
Daniel Uhlfelder, a Democrat who is running for Florida attorney general, added: "Judge Cannon knows Trump will be indicted. She's just trying to delay the inevitable."
It is unclear if the Department of Justice will appeal Cannon's ruling. "The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation," Justice Department spokesman Anthony Coley said in a statement.
Newsweek has reached out to Cannon for comment.
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