Former federal prosecutor Andy McCarthy weighed in Monday on the “explosive” court ruling ordering a third-party review of the materials seized during the unprecedented raid of Donald Trump’s home.
McCarthy told Fox News Live that Biden’s Justice Department possibly made a critical mistake by assuming that Trump did not have executive privilege.
‘Explosive’ win for Trump
In a major win for Trump, US District Judge Aileen Cannon rejected the Biden administration’s sweeping claim that Trump has no right to invoke executive privilege against his successor.
Calling Cannon’s ruling a potentially “explosive” one and a “big win” for Trump, McCarthy said that the DOJ may have gotten ahead of itself with its bold executive privilege theory and as a result, the prosecution may have been “tainted.”
“So they have been merrily conducting their investigation with the agents assuming all the documents were appropriate for the investigation. Now the judge is saying hold everything, he may have executive privilege.”
The ruling brings some transparency to the DOJ’s probe, which looks to many like a partisan fishing expedition. The search warrant authorized the FBI to seize any records from Trump’s presidency.
The feds took more than 11,000 items without classification markings and dozens of documents labeled “secret” or “top secret.”
Cannon said a special master was appropriate to ensure trust in the investigation, especially given the extraordinary nature of a raid on the home of a former president and “swirling allegations of bias and media leaks.”
She voiced concern that the investigative team was “exposed” to ” potentially privileged material” and ordered federal investigators not to use any of the seized records until the third-party review is done.
The seized material includes Trump’s medical records, information about taxes, and hundreds of pages potentially covered by attorney-client privilege.
“In addition to being deprived of potentially significant personal documents, which alone creates a real harm, plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” Cannon wrote in her ruling.
At his first MAGA rally Saturday night since the raid, Trump blasted the raid as a “travesty of justice” orchestrated by “vicious monsters” in the Deep State.