Federal District Court Judge Aileen Cannon for the Florida Southern District has issued an order in response to FPOTUS request for the appointment of a Special Master. The Judge will determine if a Special Master is needful and what the duties of the Special Master will be.
I’ve stated publicly that I support the idea of appointment of a Special Master that would be able to go through the materials gathered on August 8th and report their findings to the Judge to then make a determination on disposition.
The order requests each party to submit suggested duties and responsibilities for the charge for the Special Master if one is appointed.
If I were the DOJ, I would not oppose the appointment of the Special Master on the Condition that the individual currently holds the required security clearance to view the materials.
As to the suggested charges for the Special Master:
#1 Said Special Master to provide an initial response to the Judge within 14 calendar days of all materials gathered on August 8th.
#2 Documents to be assigned one of five possible statuses:
- Classified Documents - And the respective classification. Government property to be retain.
- Presidential Records - in accordance with the definition contained in the Presidential Records Act of 1978.** Government property to be retain.
- Attorney Client Privileged - In accordance with federal standards which do qualify for exclusion. Privileged documents to be returned and not used for further investigation.
- Attorney Client Privileged - In accordance with federal standards which do not qualify for exclusion. (For example those contributing to the commission of a crime or which include non attorney client addressees.) Retained as outside the attorney client exemption, retained by the court and subject to further litigation.
- Personal Records - in accordance with the definition contained in the Presidential Records Act of 1978.*** Personal property to be returned.
WW
.
.
.
PRA of 1978:
“Documentary material” means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.
Presidential Records:
"The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. "
Personal Records:
“The term “personal records” means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”
