In appointing the special master, Judge Torres acknowledged that federal prosecutors could conduct the review themselves “with utmost integrity.”
But she said the appointment of a special master was warranted because it was important both that the process be fair and that it appear to be fair.
“In light of the potential First Amendment concerns that may be implicated by the review of the materials seized from petitioners, the court finds that the appointment of a special master will ‘help to protect the public’s confidence in the administration of justice,’” the judge said.
Barbara S. Jones, a retired former U.S. District Court judge in Manhattan who now works as a private lawyer, will serve as the special master, Judge Torres said.
It is common for special masters to be appointed in high-profile investigations, where the authorities may have obtained materials that the government is often barred from having because they are protected by attorney-client privilege. A special master was appointed earlier this year to determine what evidence prosecutors can use that they obtained in a search of the home and office of Rudolph W. Giuliani, who served as President Donald J. Trump’s personal lawyer.