Just like any other subject of a criminal investigation, former President Donald Trump does not have a right to have a special master determine whether the files seized by the FBI are privileged, the 11th Circuit ruled Thursday.
“This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no,” the per curiam opinion began.
The panel said it would not create a new rule for former presidents.
“In considering these arguments, 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,” the opinion said. “We choose the first option. So the case must be dismissed.”
The unanimous ruling came from about as friendly territory that Trump could have hoped for: All three of the judges were appointed by Republican presidents, including two whom he personally selected. The per curiam opinion means that they rendered their lacerating judgment in one voice, with no lead author.
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