On the “if I appoint a special master, who would you suggest” front, here are Cohen’s suggestions —>https://twitter.com/klasfeldreports/status/986454983632662528 …
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Because courts often ask the parties for recommendations on such issues. The government will suggest theirs, too.
If the parties can't agree on a special master, Judge Wood should select someone who isn't on either list. The SDNY district court should maintain its own list of special masters.
The parties won't agree on a special master or what role that person is to play in connection with the lawfully seized evidence. Under FRCP 53, while Judge Wood can invite the parties to make recommendations, ultimately it is her responsibility to decide upon SM & his/her duties.
Ahh, ok. I thought the idea was for the court to appoint a special master & that he wouldn't have a say-so in who that is, but I understand now.
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