The search and seizure in early August of some 11,000 documents, including 100
classified items, at the residence-resort of former President Donald Trump
continues to generate investigative activity and, most recently, highly intrusive
judicial action. Among the most recent developments have been the decisions of a
federal judge in South Florida to stop the review and assessment of the criminal
implications of the transfer, possession, and possible use of these materials—and
the appointment of a former federal judge as a special master to make rulings on
the attorney-client and executive privilege characteristics of them. What should we
understand about the strategic decision by the Justice Department to appeal the key
portion of the judge’s injunction, effectively preventing an evaluation of the
damage suffered to our national security, and where does all of this go next?
Similarly implicating foundational rule of law issues were disclosures this past
week of serious, repeated attempts by the Trump White House to influence and
even direct the investigation and prosecution decisions of the Justice Department in
several high profile files in recent years—and the likely conclusion soon of the
investigation of the legitimacy of the so-called Mueller inquiry into Russian
interference with the 2016 election and obstruction of justice during it by the
former President. Why are these key revelations important to evaluating the
recent, highly troubling legal history of our nation, and what lessons for the future
do they teach when our elected and appointed officials inject political interests and
partisan goals into what should be the otherwise independent actions of
investigators and prosecutors charged with acting independently and impartially?