Former Assistant U.S. Attorney Andy McCarthy sounded off after a federal judge approved Trump’s request for a Special Master against Democrat’s demands. There has been so much wild speculation over the FBI’s raid at Trump’s Mar-a-lago homes but ultimately McCarthy says the Department of Justice (DOJ) screwed up.
McCarthy explained, “It’s a big win for the Trump team and a potentially explosive ruling if it holds. I would imagine it’s important enough that the government will appeal this immediately. In a nutshell, what happened here is the Justice Department assumed that Trump only had attorney-client privilege, that he did not have executive privilege, or at least to the limited extent that as a former president he maintains executive privilege, it can’t be asserted against the executive branch itself.”
He continued, “It’s one thing for the government to have that theory, I think it actually may be a sound theory. The problem is it’s not 100% settled, so I thought it was incumbent on them to get a ruling from the court on that question before they hauled off did what they did, which was have the privilege team go through all the seized documents assuming that Trump only had attorney-client privilege and then allowing all of the potentially executive privileged documents to go to the prosecution team.”
If it turned out they are privileged, that could taint the prosecutors who reviewed them and it could also taint their investigation because they are now conducting an investigation.
McCarthy went on to explain how the DOJ may have tainted the entire investigation by holding and viewing prividged material, “they got these documents two weeks ago, and they have had these documents, the prosecution team has, for about a week. So they have been merrily conducting their investigation with the agents assuming all the documents were appropriate for the investigation. Now the judge is saying hold everything, he may have executive privilege.”
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I have seen so many posts on social media and fantasy reports on TikTok from liberals claiming that this has all ‘blown up’ in Trump’s face but it’s all just noise until the investigation is over. I think it’s more likely that this investigation will reveal even more deep internal bias inside the government.