Former federal prosecutor says Trump legal team’s ‘unique’ request for a special master warranted

Former President Donald Trump’s legal team and the Justice Department are understandably at odds when it comes to the appointment of a special master to oversee the documents seized from Mar-a-Lago by the FBI and, according to former U.S. Attorney for Utah Brett Tolman, they aren’t the only ones questioning the need.

(Video: Fox News)

A former counsel to the Senate Judiciary Committee and former federal prosecutor as well, Tolman joined Fox News host Trey Gowdy on “Sunday Night In America” to discuss the latest developments in the DOJ investigation of the president. Of particular note was the smear of Trump-appointed Florida U.S. District Judge Aileen Cannon, who granted the request for a special master on Labor Day.

“The media makes it seem like she’s beholden to President Trump because she made this ruling,” Gowdy said, prompting his guest to opine, “It’s exasperating to actually listen to the left, you know, scream and whine about a judge that, you know, made a call based on what was presented to her and I think did so erring on the side of having…transparency.”

As had been reported, anti-Trump pundits like race-baiting Elie Mystal had decried Cannon arguing, “She’s biased and corrupt. Like, I don’t know what to tell everybody anymore. Like, I’ve been saying this since he took office. When you allow Republicans to control the courts you get nothing. Trump judges do not believe in the rule of law, they do not believe in precedent, they do not believe in facts, they do not believe in logic–they just believe in whatever’s going to help Donald Trump, and they’ve proven it again and again and again.”

However, Tolman disputed the rhetoric of Mystal with the kind of facts claimed to be overlooked.

“You and I both know that agents–they get, you know, very aggressive in those searches and they’re looking for anything and everything that may fall within the parameters of that search warrant. This was a very broad warrant,” he told Gowdy.

This led him to conclude, “This is a unique case and I think we do have to have somebody else, a referee, that looks at it and says, ‘Okay, I’m looking at this. I’m not connected or beholden to the Department of Justice, I’m not connected or beholden to Donald Trump, and I see here are the…documents that need to be returned and here are the ones that seem to fit within the parameters of the search warrant.”

The former U.S. Attorney had pointed out, “I can’t think of a case in 25 years in the criminal justice system where a special master was appointed; a criminal case that is,” before going on to assert that unique fact did not stray toward bias as Mystal suggested, but towards a need for transparency.

“At its heart, it’s an effort in transparency, and I think this judge is trying to do that,” Tolman said. “And that’s something that I think the nation is screaming for because the transparency wasn’t there when they executed the warrant, when they secured the warrant, when they went through Mar-a-Lago.”

“And the transparency that I think we’re all looking for,” he stated without regard for the radical left who cast their judgment on Trump long ago, “is what were they doing when they were in there, why did they get there to begin with and did they follow the parameters of that search warrant. And we still have many questions on each of those issues.”

The deadline for Trump’s team and the Justice Department to submit candidates for special master along with desired parameters for the review was Friday. It remains unclear when Cannon will make her decision as to who she will appoint to the position.


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Kevin Haggerty


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