Former President Trump requested and was granted a Special Master in relation to documents seized from his Mar-A-Lago property in Florida. This has lead many to ask what exactly a Special Master is. Or isn’t.
Special Masters are attorneys assigned by a Judge to manage a specific aspect of a case in a disinterested manner. With regard to Donald Trump, the Special Master must review the documents in question.
Who is the lucky guy?
Senior U.S. District Judge Raymond Dearie
Why not just let both parties review the documents?
Trump’s lawyers requested the Special Master to ensure that only one disinterested party to review the documents.
“A ‘special master’ is appointed by a court to carry out some sort of action on its behalf. Theoretically, a ‘special master’ is distinguished from a ‘master’. A master’s function is essentially investigative, compiling evidence or documents to inform some future action by the court, whereas a special master carries out some direct action on the part of the court. It appears, however, that the ‘special master’ designation is often used for people doing purely investigative work, and that the simple ‘master’ designation is falling out of use.”
Is this legal?
You betcha. See Federal Rule of Civil Procedure Rule 53, Masters.
Key aspects of the appointment of a Special Master are:
- Limited scope unless provided otherwise by a statute
- Both parties consent to the duties performed
- Must not have any relationship with either party
Has this been done before?
Yes. Better known examples include when a Special Master was appointed in U.S. v Microsoft (technical issues over removing Internet Explorer from the Windows operating system.) and then in a very different manner when Congress appointed a Special Master to oversee compensation for 9/11 victims.
More often, Special Masters are appointed in state boundary disputes or other geography/historical disputes.
Did former President Nixon have a Special Master?
No, but, great question. When hit with the Watergate scandal, Nixon had a Special Prosecutor, Archibald Cox.
Sources
In Trump Documents Case, What Is a Special Master?