A federal appeals court decision has paved the way for the Department of Justice (DOJ) to use the remaining cache of unclassified records it seized at former President Trump’s home, halting the special master process and lifting an important roadblock into its investigation of the potential mishandling of records at Mar-a-Lago.
The 11th Circuit Court of Appeals court issued a strong repudiation this week of arguments from Trump and the lower court judge who awarded his request for a third-party review of the evidence seized from his home.
It also frees up the Department of Justice to use 22,000 pages of seized government records — an important green light that will allow investigators to review every piece of evidence in hopes of building an airtight case.
“The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so,” the judges wrote.
It’s the latest sign that Trump’s initial success in the case is diminishing, with the three-judge panel for the court rejecting a number of arguments his legal team has offered since the August 9 search and determining even the unclassified records may be used in the department’s investigation.
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The immediate next steps for prosecutors will likely be interviewing witnesses about the documents and gathering all possible details about the national security information Trump had on hand.
While Trump’s status as a presidential candidate has shifted the investigation to some degree — including Smith’s appointment — Khardori said the possibility of any activity coming amid an intensifying campaign season could actually slow the DOJ’s desire to bring charges.
“They may be saying to themselves, ‘He’s running. And he may very well be in the general election. So what we need to do is put together the strongest possible case … so that if there comes a point in time where he’s charged, that the prosecution is as successful as possible,’ rather than, ‘Let’s put it together as quickly as possible,’” Khardori said.
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Trump loss ignites next steps for DOJ in Mar-a-Lago investigation https://t.co/dGNbI3wOgv pic.twitter.com/q0S8raQjB7
— The Hill (@thehill) December 4, 2022
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