Among documents uncovered during the FBI search of Mar-a-Lago in early August were non-governmental records relating to Donald Trump’s health and accounts, according to US District Court Judge Aileen Cannon’s ruling on the appointment of a “special master”.
She wrote that among the government records seized by the FBI, agents found some of Mr Trump’s “medical documents, correspondence related to taxes, and accounting information”.
Agents with security clearance sifted through the trove of documents found at the former president’s Palm Beach, Florida residence and say they have already returned anything unrelated to the investigation.
The warrant for the search allowed agents to remove boxes of documents even if personal items were found among government documents.
On Monday, Judge Cannon ruled in favour of the request by Mr Trump’s legal team for a “special master” to be appointed to review the documents taken by the FBI when they acted on a Department of Justice search warrant on 8 August.
Judge Cannon noted that while any of the former president’s personal items were set aside by a so-called filter team of agents separate from those investigating Mr Trump, she questioned their work.
Without giving specifics she said that in two instances, materials that should have been identified as privileged ended up in the hands of prosecutors.
Judge Cannon then said that as so much material was taken from the former president’s home, there should be a special master to ensure a proper review of the documents.
“Considering the volume of seized materials and the parties’ expressed desire for swift resolution of this matter,” Judge Cannon wrote, “a special master would be better suited than this court to conduct the review.”
It is expected that the Justice Department will appeal the decision, but they have also indicated they are not concerned about the appointment of a special master.
Mr Trump was recently ordered to turn over tax documentation to the House Oversight Committee.
Trump Organization accounting records are the focus of a civil suit brought by New York Attorney General Letitia James.