Morning Wire Next Steps for DOJ & President Trump | 8.28.22
Aug 28, 2022
Former federal prosecutor Andrew McCarthy, now a senior fellow at the National Review Institute, provides expert insights into the ongoing legal battle concerning former President Donald Trump. He discusses Trump's strategic moves to counter the DOJ’s investigation following the Mar-a-Lago raid. The conversation covers the implications of the Presidential Records Act, the unique challenges of potentially charging a former president, and a critique of public statements by the attorney general that may have crossed ethical lines.
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Requesting a Special Master
- Request a special master early in legal proceedings, especially when dealing with privileged information.
- This ensures impartial review of seized documents to protect attorney-client and executive privilege.
Search Process Concerns
- Involving case agents, who are inherently biased, in searches can compromise privileged information.
- Ideally, uninvolved parties should conduct searches to ensure impartiality.
Criminalizing the Presidential Records Act
- The Justice Department is combining newer statutes with the Presidential Records Act.
- This effectively criminalizes actions that weren't initially subject to criminal penalties.