'Special Master' appointment is an 'effort in transparency:' former U.S. attorney

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Is a special master really needed?

Former federal prosecutor Bret Tolman joined 'Sunday Night In America' to weigh in on the latest 'twists and turns' of the Trump legal team's request for a special master. 

Former U.S. attorney and Executive Director of Right on Crime Brett Tolman appeared on "Sunday Night in America" to dive into the controversy surrounding the appointment of a special master to former President Trump’s Mar-a-Lago files.

On Monday, a federal judge ordered that a special master be appointed to review the files seized from Trump’s home. This marked the latest development following the original FBI raid in August. 

"This case presents so many complex and interesting twists and turns, things we’ve never really seen before. As you’ve indicated, I can’t think of a case in 25 years in the criminal justice system where a special master was appointed, a criminal case that is," Tolman remarked.

Despite its unique announcement, Tolman commended the decision as a step forward in transparency as the Department of Justice (DOJ) and the FBI face more scrutiny by the public.

The FBI has been criticized for raiding former President Donald Trump's Mar-a-Lago home  (Fox News)

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"But at its heart, it’s an effort in transparency, and I think this judge is trying to do that. And that’s something that I think the nation is screaming for, because the transparency wasn’t there when they executed the warrant, when they secured the warrant, when they went through Mar-a-Lago. And the transparency that I think we’re all looking for is what were they doing when they were in there? Why did they get there to begin with? And did they follow the parameters of the search warrant. We still have many questions on each of those issues," Tolman said.

Since the announcement of a special master, mainstream media outlets have attacked Judge Aileen M. Cannon for her decision due to her appointment under President Trump.

"Yes, it is exasperating to actually listen to the left, you know, scream and whine about a judge that, you know, made a call based on what was presented to her. And I think did so erring on the side of having that transparency. You and I both know that agents, they get very aggressive during those searches, and they are looking for anything and everything that may fall within the parameters of that search warrant. This was a very broad warrant," Tolman said.

Former U.S. attorney Brett Tolman (Fox News)

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While Tolman lamented the loss of trust in the DOJ, he also supported the use of a special master for this case.

"There used to be a time when you really took the word of the DOJ because they had really honest and effective folks that would serve on a taint team for example. And I think that still applies, but this case doesn’t allow for that. This is a unique case, and I think we do need to have somebody as a referee to look at it and says ‘okay, I’m looking at this, I’m not connected or beholden to the Department of Justice, I’m not connected or beholden to Donald Trump, and I see here of the documents that need to be returned and here are the ones that seem to fit within the parameters of the search warrant,’" he concluded.

The U.S. Department of Justice is seen on June 11, 2021 in Washington, DC. Trump's Justice Department subpoenaed Apple for data from House Intelligence Committee Democrats including Rep. Adam Schiff (D-CA) and Rep. Eric Swalwell (D-CA) and their families. (Photo by Kevin Dietsch/Getty Images)

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Host Trey Gowdy remarked, "I think she is tired of the leaks. A special master is less likely to leak than some members of the department."