The issue lies with the interpretation of “callous disregard.” In their released statement, the Department of Justice stated that the Eleventh Circuit should be required by precedence to exercise equitable jurisdiction in the pre-indictment proceeding only if and when the government acts with “callous disregard” of the rights of an investigation. Judge Cannon, the U.S. District Judge for this case, approved Trump’s team’s request for a special master in regards to the Mar-a-Lago seizure. Judge Cannon allowed the appointment of a special master, even though the requirement for “callous disregard” was not met. Now, the Department of Justice states that, “Under this court’s precedent, it requires, at a minimum, a showing that the government callously disregarded plaintiff’s constitutional rights. Nothing like this was shown in this case, as the district court acknowledged.”
An additional argument is made by the prosecution. They assert that even if the Judge were acting proper when she exercised her jurisdiction to appoint a Special Master, she erred when she blocked the further review of the seized Mar-a-Lago evidence while the review of the special master was still pending.