Story · December 17, 2022

Trump’s Mar-a-Lago records fight had already run into a wall by Dec. 17

Mar-a-Lago fallout Confidence 5/5
★★★★☆Fuckup rating 4/5
Serious fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: A previous version overstated the scope of the Eleventh Circuit’s Dec. 1 ruling; the court vacated the special-master order and directed dismissal of the civil case, and Judge Cannon dismissed the action on Dec. 12 for lack of jurisdiction.

By Dec. 17, 2022, the Mar-a-Lago dispute was no longer being driven by the special-master fight Trump had hoped would slow things down. The Eleventh Circuit had already ruled on Dec. 1 that the district court lacked jurisdiction to block the government from using lawfully seized records in a criminal investigation, and it said the case had to be dismissed. ([media.ca11.uscourts.gov](https://media.ca11.uscourts.gov/opinions/pub/files/202213005.pdf))

That appellate ruling mattered because it did more than halt a review process. It vacated the order that had created the special-master setup and sent the case back with instructions to dismiss Trump’s civil challenge. On Dec. 12, Judge Aileen Cannon did just that, ending the lawsuit Trump had filed over the FBI search of Mar-a-Lago and the government’s handling of the seized material. ([media.ca11.uscourts.gov](https://media.ca11.uscourts.gov/opinions/pub/files/202213005.pdf))

The underlying facts were already set. The FBI executed a search warrant at Mar-a-Lago on Aug. 8, 2022, and seized roughly 13,000 documents and other items after investigators concluded there was probable cause to look for evidence of possible crimes involving classified documents and other government records. The Eleventh Circuit’s opinion says the search warrant authorized seizure of physical documents with classification markings, communications about classified material, government and presidential records from Trump’s first term, and evidence of concealment or destruction. ([media.ca11.uscourts.gov](https://media.ca11.uscourts.gov/opinions/pub/files/202213005.pdf))

So the practical effect by Dec. 17 was simple: Trump’s procedural detour was gone, and the civil case he used to press it was gone with it. That is not the same as ending the broader criminal investigation; it was the end of his civil bid to control how the seized records were reviewed. ([media.ca11.uscourts.gov](https://media.ca11.uscourts.gov/opinions/pub/files/202213005.pdf))

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