A three-judge panel of the U.S. 11th Circuit Court of Appeals ruled unanimously Thursday that a federal judge in Florida erred in granting former President Donald Trump's request for a "special master" to review the thousands of documents the FBI took from Trump's Mar-a-Lago club in an August raid. The unsparing ruling was a victory for the Justice Department, a big defeat for Trump, and an embarrassing rebuke of Judge Aileen Cannon, the Trump appointee who approved Trump's request and appointed the special master.
The appellate judges — all appointed by Republican presidents, and two by Trump himself — gave Trump seven days to appeal. If the Supreme Court declines to stay the ruling, the Justice Department will get back unfettered access to all the seized documents next Thursday. That would also abruptly halt the work of the special master, Judge Raymond Dearie, who, while skeptical of Trump's claims, "has been hard at work in the case," Politico reports.
The appellate court's decision centers on its view that Judge Cannon had wrongly claimed jurisdiction in the case. But the judges also rejected each argument from Trump and his attorneys for why the former president deserved a special master, or any special carve-out.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant," the judges wrote. "Nor can we write a rule that allows only former presidents to do so." Creating "a special exception here would defy our nation's foundational principle that our law applies 'to all, without regard to numbers, wealth, or rank,'" they added later.
The judges at times "seemed to mock arguments put forward by Trump's attorneys," Politico noted, as when they agreed Trump may want prosecutors to return his "golf shirts" and "pictures of Celine Dion," but said "we do not see the need for their immediate return after seizure under a presumptively lawful search warrant."
In considering the Trump team's arguments, the judges concluded, "we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed."
Regaining access to all the seized files should help federal investigators, now working under Special Counsel Jack Smith, accelerate their criminal investigation of Trump's retention of highly classified documents and potential theft of government records and obstruction of justice.
-
Should you downsize for retirement? Here's what to consider.The Explainer Moving to a smaller place may seem easier, but there are also some real benefits to staying put
-
What to do if you want to move but don't want to give up your low mortgage ratethe explainer 30-year mortgage rates are currently averaging 7% — and homeowners who secured rates closer to 3% during the pandemic are reluctant to sell their homes
-
Crossword: September 1, 2025The Week's daily crossword
-
Lisa Cook and Trump's battle for control the US FedTalking Point The president's attempts to fire one of the Federal Reserve's seven governor is represents 'a stunning escalation' of his attacks on the US central bank
-
RFK Jr. names new CDC head as staff revoltSpeed Read Kennedy installed his deputy, Jim O'Neill, as acting CDC director
-
Why is Trump suddenly interested in his enemies' mortgages?TODAY'S BIG QUESTION As the president continues targeting adversaries, he's turned to a surprising ally to provide ammunition for an emerging line of attack
-
'A symbol of the faceless corporate desire'Instant Opinion Opinion, comment and editorials of the day
-
Truck drivers are questioning the Trump administration's English mandateTalking Points Some have praised the rules, others are concerned they could lead to profiling
-
DC prosecutors lose bid to indict sandwich throwerSpeed Read Prosecutors sought to charge Sean Dunn with assaulting a federal officer
-
White House fires new CDC head amid agency exodusSpeed Read CDC Director Susan Monarez was ousted after butting heads with HHS Secretary Robert F. Kennedy Jr. over vaccines
-
Trump soaks up adoration in his made-for-TV Cabinet meetingsIN THE SPOTLIGHT The president's televised sessions have become a platform for his top lieutenants to demonstrate executive flattery
