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Judge orders Trump to foot 100% of the special master’s Mar-a-Lago review bill as DOJ appeals to the 11th Circuit

September 17, 2022 | | Print Article

When District Court Judge Aileen Cannon appointed Senior Judge Raymond J. Dearie, a 78-year-old former FISA judge, to be the special master in charge of reviewing “all of the materials” the FBI took from Donald Trump’s Mar-a-Lago residence, it was, for sure, a victory for the former president. But victories come at a cost, and Judge Cannon also determined that Trump would have to pay the price — all of it.

As American Wire reported, Cannon appointed Trump’s first pick for the role of special master on Thursday and denied the DOJ’s request to halt Dearie’s review pending its appeal of the appointment.

But in handing Trump a win, Judge Cannon also ordered him to foot the bill.

“Plaintiff shall bear 100% of the professional fees and expenses of the Special Master and any professionals, support staff, and expert consultants engaged at the Special Master’s request,” Cannon ruled. “The procedures for establishing and paying the Special Master’s compensation and expenses shall be determined in a later order.”

“Within ten (10) calendar days following the date of this Order, the Special Master and counsel for the parties shall confer on this issue, and the Special Master shall submit a proposal for the Court’s approval as to the procedures for paying the Special Master’s compensation and expenses,” the decision read.

Meanwhile, the Department of Justice has appealed to the 11th Circuit, asking the court to allow the DOJ to continue using the seized classified documents in its criminal investigation of President Trump while Dearie reviews them, according to Fox News.

“Although the government believes the district court fundamentally erred in appointing a special master and granting injunctive relief, the government seeks to stay only the portions of the order causing the most serious and immediate harm to the government and the public by (1) restricting the government’s review and use of records bearing classification markings and (2) requiring the government to disclose those records for a special-master review process,” the DOJ argued.

Claiming that the documents in question are the property of the executive branch, prosecutors contended that Trump can not assert executive privilege over them.

Because hyperbole is like honey to Trump-hating opponents, the prosecutors asked that the 11th Circuit be quick about its decision, as the “public would suffer irreparable harm absent a stay.”

Barring a successful appeal, Dearie will have until November 30 to complete his review and submit it to the court.

“As required by Rule 53(b)(2) of the Federal Rules of Civil Procedure, the Court directs the Special Master to proceed with all reasonable diligence and to conclude his review and classifications by November 30, 2022, subject to modification if necessary as proposed by the Special Master,” Cannon wrote.

Following his review, Judge Cannon will decide which, if any, documents should be returned to Trump.

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Melissa Fine
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