APPLIED.
WILL?
WILL: THANK YOU.
THE DEPARTMENT OF JUSTICE AND
FORMER PRESIDENT TRUMP BOTH
SUBMITTING PROPOSALS FOR SPECIAL
MASTER CANDIDATES TO REVIEW
EVIDENCE SEIZED IN THE RAID OF
MAR-A-LAGO LAST MONTH.
THE FILING COMES JUST A DAY
AFTER THE DOJ APPEALED FEDERAL
JUDGE EILEEN CANNON’S RULING
THAT A SPECIAL MASTER WAS
NECESSARY.
HERE TO REACT, FOX NEWS LEGAL
ANALYST GREGG JARRETT.
GREGG, BEFORE WE GET INTO THE
CANDIDATES BEING PUT FORWARD BY
BOTH SIDES, CAN I ASK YOU THIS:
DOES IT MATTER?
HAS THE FBI AND THE DOJ NOT
ALREADY GONE THROUGH ALL OF THE
DOCUMENTS?
CAN A SPECIAL MASTER TRULY AT
THIS POINT SET ASIDE KNOWLEDGE
WITHIN THE DOCUMENTS?
>> I AM ABSOLUTELY CONFIDENT
THAT WHAT MERRICK GARLAND HAS
REPRESENTED TO THE COURT, THAT
NOBODY ON THE INVESTIGATIVE TEAM
AT THE DOJ HAS LOOKED AT THESE
CONFIDENTIAL DOCUMENTS,
ATTORNEY-CLIENT PRIVILEGE -- NOT
TO MENTION EXECUTIVE
PRIVILEGE -- I HAVE NO DOUBT
THEY LOOKED.
AND, IN FACT, THE JUDGE, JUDGE
CANNON, POINTED OUT IN A RULING
THAT, YOU KNOW, YOU’VE MADE A
FALSE REPRESENTATION HERE THAT
WE KNOW AT LEAST OF TWO
INCIDENTS IN WHICH INVESTIGATORS
HAD ALREADY LOOKED AT THE
PRIVILEGES DOCUMENTS.
SO, YEAH, THEY’VE ALREADY SEEN
THE STUFF.
WHICH INVITES VIOLATES THE --
INVITES THE QUESTION, IS THAT
WHAT MERRICK GARLAND WAS REALLY
AFTER WITH THIS BROAD, EXPANSIVE
SEARCH?
DID HE GO IN THERE WANTING TO
KNOW THE COMMUNICATIONS BETWEEN
TRUMP AND HIS LAWYERS RELATIVE
TO A WIDE VARIETY OF THINGS?
THAT’S A PRETTY GOOD BET.
WILL: RIGHT.
SO, GREGG, LET ME JUST FOLLOW
THAT UP OUT OF MY OWN LIMITED
KNOWLEDGE HERE.
LET’S SAY A SPECIAL MASTER DOES
COME IN AND IS APPOINTED AND
SENTS CERTAIN DOCUMENTS OFF
LIMITS -- SETS CERTAIN DOCUMENTS
OFF LIMITS.
DOES THAT COMPROMISE POTENTIAL
FUTURE INVESTIGATIONS BY THE
DOJ, AND THIS IS WHERE I’M A
LITTLE BIT OVER MY SKIS, FRUITS
OF THE POISONOUS TREE?
YOU SAW THINGS YOU SHOULDN’T
SEE, YOU CANNOT NOW, THEREFORE,
PURSUE THAT INVESTIGATION.
>> YES.
IT WOULD BE UP TO THE TRIAL
COURT JUDGE TO MAKE THAT
DETERMINATION.
BUT I ALSO SUSPECT THAT
SOMEWHERE DOWN THE ROAD THE
TRUMP LEGAL TEAM WILL MAKE A
MORE AGRANDSONNIVE -- AGGRESSIVE
MOTION THAT THIS WAS AN UNLAWFUL
SEARCH AND SEIZURE UNDER THE
FOURTH AMENDMENT BECAUSE, READ
THE WARRANT.
IT WAS A GENERAL WARRANT.
THAT’S STRICTLY FORBIDDEN BY THE
FOURTH AMENDMENT.
AND YOU’RE RIGHT, THE
EXCLUSIONARY RULE DICTATES THAT
MATERIALS UNLAWFULLY OBTAINED
MAY NOT BE USED IN ANY CRIMINAL
PROCEEDING.
SO IT MAY BE MORE THAN SIMPLY
THE PRIVILEGED DOCUMENTS.
IT COULD BE EVERYTHING.
WILL: SO I WANT TO ASK YOU THIS,
GREGG, WHILE I HAVE YOU THIS
MORNING: WHAT HAPPENED TO THE
SUPREME COURT LEADER?
JUSTICE NEIL GORSUCH SAID THAT
THERE IS AN INVESTIGATION GOING
IN, THAT CHIEF JUSTICE JOHN
ROBERTS HAS PUT TOGETHER SOME
SORT OF INSIGHT, BUT A
SHOCKINGLY LONG PERIOD OF TIME
HAS BEEN GOING ON, GREGG.
AND FROM THE OUTSIDE AT THE VERY
LEAST, IT SEEMS A LACK OF
INTEREST OR, AT THE MINIMUM, A
LACK OF ACCOUNTABILITY.
WHAT’S GOING ON WITH IDENTIFYING
THE DOBBS’ CASE’S SUPREME COURT
LEAKER?
>> WELL, THERE ARE A COUPLE OF
PROBLEMS.
I’VE NEVER BEEN CONVINCED THAT
CHIEF JUSTICE JOHN ROBERTS
REALLY WANTS TO KNOW WHO THE
LEAKER IS, TO GET TO THE BOTTOM
OF IT.
I THINK HE WOULD PREFER THAT
EVERYBODY JUST MOVE ON AND
OVERLOOK IT.
THE SUCH A HUMILIATION AND
EMBARRASSMENT FOR THE COURT.
IF THEY DO IDENTIFY THE LEAKER,
YEAH, THOSE ARE CRIMES.
I MEAN, IT’S -- THAT’S THE THEFT
OF GOVERNMENT PROPERTY, AND IT’S
OBSTRUCTION THE OF JUSTICE,
INTERFERING WITH A LEGAL
PROCEEDING.
AND WHOEVER THE LEAKER IS NOT
ONLY SHOULD LOSE THEIR LICENSE
TO PRACTICE LAW, BUT SHOULD BE
CRIMINALLY PROSECUTED.
WILL: RIGHT.
>> BUT, YOU KNOW, BECAUSE THE
SUPREME COURT DIDN’T BRING IN
THE FBI OR FEDERAL MARSHALS,
INSTEAD HAD THEIR OWN
INVESTIGATION, YOU KNOW, I’M NOT
SURE THEY’RE CONFIDENT TO
ACCOMPLISH IT.
WILL: YEAH.
YOU WOULD THINK, BY THE WAY --
CAN YOU’RE RIGHT ABOUT THE
DISBAR.
HOW ABOUT LOSING YOUR JOB?
I THINK WE WOULD NOTICE, RIGHT,
IF A CONCLUDER HAD LOST THEIR
JOB IN THE -- CLERK HAD LOST
THEIR JOB IN THE LAST COUPLE OF
MONTHS.
SO THE LEAKER, ASSUMING IT’S A
CLERK, IS STILL THERE.
>> YEAH, EXCEPT THERE IS A
TURNOVER AT THE END OF TERM OF
MOST OF THE CLERKS --
WILL: IS THAT DURING THE SUMMER,
GREGG?
>> YOU HAVE A MASS EXIT AND NEW
ONES COMING IN, SO IT’S REALLY
HARD TO DETERMINE IT FROM THAT.
AND IT COULD HAVE BEEN SOMEBODY
WHO’S NOT A CLERK --
WILL: RIGHT, RIGHT.
>> AN EMPLOYEE OF THE COURT WHO
HAD AN AGENDA.
WILL: REALLY QUICKLY, IS THAT
TURNOVER IN CLERKS OVER THE
SUMMER?
IS THAT WHEN IT WOULD HAVE
HAPPENED?
>> YEAH, USUALLY YOU START A NEW
TERM WITH A NEW SET OF CLERKS.
SOMETIMES THERE’S A HOLDOVER BUT
NOT ALWAYS.
WILL: OKAY.
IT ALSO COULD HAVE BEEN ONE OF
THE JUSTICES THEMSELVES, BUT