An independent arbitrator will assess the extent to which the FBI acted properly in seizing documents from former President Trump’s villa. A judge in Florida has ruled. This ‘special master’ will examine whether certain documents may be confidential. With this ruling, Trump has been vindicated by the judge he appointed.
‘Justice has not been allowed to go further,’ says American reporter John Postma. Trump’s team must now work with the Justice Department to develop a bipartisan list of nominees. That will be a tough job, and not just because Trump has a deep distrust of having anything to do with the federal government. Applicants will also have to pass a security clearance to access classified documents. The deadline for this work is Friday, after which the arbitral tribunal can review thousands of documents it has been working on for a month.
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Administrative privilege
The big question: Did the FBI do the right thing by taking those things? Not according to Trump exercising his executive privilege as president — the rule that the president can also hold confidential conversations in the White House. The Ministry of Justice is very clear on this: these are government documents and they do not fall under that privilege. Incidentally, there is another body that searches for documents: the director of national security who simultaneously examines whether national security is at risk at any given time.
While most lawyers believe the Ministry of Justice is within its rights, the judge has ruled otherwise. And that’s important: Shortly before Trump left the White House, he appointed this judge. So his team has deliberately chosen this judge,’ says Postma.
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