Quote:
Originally Posted by Rococo
Correct. Appointing a special master to evaluate claims of attorney client privilege wouldn't have struck me as particularly unusual. Appointing a special master to review claims of executive privilege is dubious in this circumstance.
Do you see a potential legal conundrum that this judge has created?
If you can continue to use the documents to pursue your national interest, and to secure them and potential pursue anyone else who may have them...
but...
you are enjoined from using them to pursue the Trump prosecution...
and...
during your National Interest pursuit, you find criminality (Trump gave a document to X), the Trump defense team will say that is precluded for use against him as that was found at a time when they were prohibited from doing so.
I doubt it would be a successful defense as a general principle in law is the 'plain sight' rule, meaning it can be accepted and used if found when legally and properly looking for something else. BUt with judges like this judge, you never know how much mileage that defense might get today.