Trump medical records, tax documents seized in FBI raid: judge

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Judge grants Trump's special master request to review Mar-a-Lago documents

Fox News correspondent David Spunt explains how the special master appointment will slow down the Justice Department's investigation on 'Outnumbered.'

FIRST ON FOX: A federal judge revealed Monday that former President Trump’s medical records and documents related to his accounting information and taxes were seized during the FBI’s raid of his Mar-a-Lago home.

U.S. District Judge from the Southern District of Florida Judge Aileen M. Cannon ordered Monday that an independent special master be appointed to review Trump’s records for attorney-client and executive privilege. The judge also ordered the Justice Department stop its own review of the material for investigative purposes. 

In the order, Cannon revealed the types of documents that had been seized during the raid.

"According to the Privilege Review Team's Report, the seized materials include medical documents, correspondence related to taxes, and accounting information," Cannon wrote.

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A source familiar told Fox News that the FBI seized 40 years of Trump’s medical records from Mar-a-Lago during the search.

Congressional Democrats have been seeking Trump's tax returns since 2019. Last month, a federal appeals court paved the way for the House Ways and Means Committee to finally obtain Trump’s tax returns from the Internal Revenue Service, under a law that permits the disclosure of an individual's tax returns to the congressional committee.

Trump may seek emergency intervention measures from the Supreme Court in an attempt to temporarily block any release of those tax records to the committee.

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"The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation," Justice Department Spokesman Anthony Coley said in a statement.

The FBI declined to comment. 

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Florida. (Department of Justice via AP)

Fox News first reported last month that FBI agents seized boxes containing records covered by attorney-client privilege and potentially executive privilege during the raid. 

Attorney-client privilege refers to a legal privilege that keeps communications between an attorney and their client confidential. It is unclear, at this point, if the records include communications between the former president and his private attorneys, White House counsel during the Trump administration or a combination. 

The FBI had also seized Trump’s passports during the raid, and later returned them to the former president.

Last week, the Justice Department—after Cannon’s order—filed a more detailed list of documents taken in its raid of Mar-a-Lago, including dozens of classified documents and folders with classified markings. 

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Also included was a wide assortment of other items, including over 1,000 documents that did not have classified markings, several "Article of Clothing/Gift Item" entries and hundreds of printed news articles. 

It is also not clear why investigators seized items labeled "Article of Clothing/Gift Item." In all, the DOJ said it took 18 such items.

Meanwhile, Cannon’s order Monday halted the Justice Department’s "taint" or "filter" team’s review of seized records.

Former president Donald Trump's Mar-a-Lago resort in Palm Beach, Florida.  (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)

"Furthermore, in natural conjunction with that appointment, and consistent with the value and sequence of special master procedures, the Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order." 

The order, though, "shall not impede the classification review and/or intelligence assessment by the Office of the Director of National Intelligence ("ODNI") as described in the Government’s Notice of Receipt of Preliminary Order."

Trump's legal team last month asked Cannon to appoint a special master in the wake of the unprecedented search of his property, arguing that the DOJ's "Privilege Review Team" should not be the final arbiter of whether its actions were proper in such a high-profile case and that the review team's scope was too narrow. 

Former president Donald Trump's medical records were seized in the FBI raid on Mar-a-lago.  (Spencer Platt/Getty Images)

Meanwhile, Trump, after Cannon’s order, posted on his TRUTH Social account, slamming the "corrupt" Justice Department.

"Remember, it takes courage and ‘guts’ to fight a totally corrupt Department of ‘Justice’ and the FBI," Trump said. "They are being pushed to do the wrong things by many sinister and evil outside sources."

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Trump added: "Until impartiality, wisdom, fairness, and courage are shown by them, our Country can never come back or recover--it will be reduced to being a Third World Nation!"

The government conducted the initial search of Trump's home in response to what it believes to be a violation of federal laws: 18 USC 793 — Gathering, transmitting or losing defense information; 18 USC 2071 — Concealment, removal or mutilation; and 18 USC 1519 — Destruction, alteration or falsification of records in Federal investigations.

Attorney General Merrick Garland said he personally approved the search of Trump's home.

Fox News' David Spunt, Bill Mears and Jake Gibson contributed to this report.