DOJ moves to appeal Judge Cannon's special master in Trump documents case: report

[catbyte]

Matthew Chapman
September 30, 2022

On Friday, POLITICO's Kyle Cheney reported that the Justice Department is moving to appeal Trump-appointed Judge Aileen Cannon's order for a special master to review the documents obtained in the search of former President Donald Trump's Mar-a-Lago country club in Palm Beach, Florida.

The DOJ already appealed to the Eleventh Circuit for, and won, a narrow carveout of the 100 documents officially marked classified from Cannon's order, exempting those documents from the special master review. However, they argue in a new filing, the broader special master review still hampers a major criminal investigation.

"An expedited appeal would serve the interests of justice," said the filing. "Base on the district court's orders thus far, the government is barred from accessing all of the materials except those with classification markings recovered in August pursuant to a lawful search warrant — and it may continue to be barred from doing so until mid-December or later."

This order, the DOJ argued, means that "the government is ... unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff's residence, how they were stored, and who may have accessed them." These documents, the filing added, may also reveal evidence of crimes unrelated to classified information, like obstruction and removal of government records.

snip

Link to tweet

Article here

Edited to add the Motion to expedite appeal

[Hermit-The-Prog]

1. The "filing" link is actually to the Motion to Expedite Appeal. Thanks for posting!

[catbyte]

2. Oops, fixed it.

Thanks!

[calimary]

3. Good! Find a way around it.

That’s what donald does. We should do the same thing. But the Justice Department is exceptionally well-equipped to do it with teeth.

[Cha]

4. Mahalo DOJ & you!!🕯💙🕊

[triron]

5. DOJ has filed expedite appeal to get immediate access to all

Documents per MSNBC.

[Lunabell]

6. That idiot judge needs to be removed.

Impeached or whatever they do to those who are incompetent or on the take.

[triron]

7. Bet 11th circuit will expedite appeal decision in DOJs favor.

Then Cannon can stick it up her ass.

[MarineCombatEngineer]

15. I read a article that said the 11th may just take the case away from her.

https://www.msn.com/en-us/news/politics/the-door-to-remove-judge-aileen-cannon-from-the-trump-case-is-now-wide-open-former-prosecutor/ar-AA12tvoV?cvid=0c50252888804594b06c927677aa4ade

The door to remove Judge Aileen Cannon from the Trump case is now 'wide open': former prosecutor

In a column for Slate, former federal prosecutor Robert Katzberg made the case that U.S. District Judge Aileen Cannon's continued interference in the work being done by special master Raymond Dearie in the matter of government documents stolen by Donald Trump could lead to the 11th U.S. Circuit Court of Appeals stepping in and taking the case from her.

Earlier in the week, the Trump-appointed Cannon gave Donald Trump's legal team an assist by ruling that they did not need to comply with an order from Dearie and reply in a filing whether they believe the FBI agents lied about documents recovered at the former president's Mar-a-Lago resort almost two months ago.

As Katzberg sees it, the Department of Justice could appeal, which they did late Friday, and that they may have a compelling case to ask for Cannon's removal -- although such moves rarely occur.

In his Slate column wrote, "Given the extreme and one-sided rulings Cannon has already made, DOJ need not fear making her more hostile than she has already shown herself to be, so the door to aggressive countermoves is wide open."

Let's hope the 11th does remove her and take charge of the case.

[onenote]

19. I think that the only way Cannon is out of the picture is if the 11th grants DOJ's appeal

And while that may -- and should -- happen, I think that the odds are against the 11th Circuit granting DOJ's motion to expedite the appeal. I hope I'm wrong about that, but DOJ hasn't asked the court to reverse Cannon's latest order or stay either that order or the Special Master review process pending action on its motion to expedite or on the appeal itself. Unless they do so, the appeal -- even if expedited -- wouldn't be decided until late November at best. By that time, barring any further delay and sticking to Cannon's revised timeline, the government will have made all of the non-classified documents available to Trump for review, and Trump would have notified the Special Master of any disputes over the designation of those documents. The Special Master is under instructions to finish by December 16. Under the original briefing schedule, the court probably would be deciding the case around that time. What is most important is overturning the order before Cannon gets an opportunity to reject Dearie's conclusions about privilege.

[MarineCombatEngineer]

20. Always nice to have a Lawyer as a DU member,

I've learned a lot about our justice system from reading yours and others posts.
Thanks for the info and keep up the good work.

[UTUSN]

8. K&R

[SheltieLover]

9. K&R!

[EndlessWire]

10. So, let me get this straight.

They are appealing the appointment of the Special Master. But, they have recommended a schedule to follow for the hearing and briefs? This is just to control the appeal (of the appointment)?

Wow. I guess they have nothing to lose. In your face, Cannon. Hey, it plainly isn't working out, anyway. That problem with the vendor sinks it.

[LetMyPeopleVote]

11. Tne Notice of Appeal was filed a while back

This is a motion on the time line for this appeal

Link to tweet

[onenote]

12. Correct.

The original timeline for the appeal was
DOJ Brief: October 19
Trump Opposition: November 18
DOJ Reply: December 9

DOJ has asked that the schedule be compressed, as follows:
DOJ Brief: October 14
Trump Opposition: November 4
DOJ Reply: November 11

[kentuck]

13. I would not be surprised if Judge Dearie resigned.

Judge Cannon is imposing too much on his appointed authority.

[onenote]

16. I would be very surprised.

He is fully aware that the ultimate authority over his decisions rests with Cannon. And he also is aware that if he quits, it will delay things even further.

[kentuck]

17. Or it could move the 11th Circuit to rule...

...that the Special Master should not have been appointed and that no new Special Master would replace him, thus creating a direct appeal to the Supreme Court? Which is probably where it is going to end up?

[onenote]

18. I think the 11th Circuit might well overturn Cannon's original order. But that won't happen fast.

Even if the 11th Circuit grants DOJ's motion for expedited action on its appeal of the original order, DOJ hasn't asked for a stay of Cannon's most recent ruling or of the Special Master process, pending action on its appeal. Which means the process will continue and even under the expedited schedule proposed by DOJ, a decision on the appeal likely wouldn't come before late November. (DOJ's schedule calls for oral argument sometime in mid-november at earliest. The best that I think we can hope for (and it's definitely worth hoping for ) is that the 11th circuit rules before Cannon gets an opportunity to reject Dearie's conclusions about privilege.

[Deminpenn]

14. DoJ is done fooling around with Cannon

who obviously doesn't know her rear end from second base.

[emulatorloo]

21. Excellent. Thanks so much for posting this news.

[LetMyPeopleVote]

22. Appeals court *grants* DOJ motion to expedite appeal of Judge Cannon's order

Link to tweet