A day after Judge Aileen Cannon intervened on former president Donald Trump’s behalf, against the very special master whom she had appointed at his request and recommendation, the Justice Department asked the Eleventh Circuit Court of Appeals to rule, on an expedited basis, that Cannon lacked jurisdiction to appoint a special master in the first place.
As previously detailed here, a three-judge panel of the Circuit, including two Trump appointees, has already unanimously vacated Judge Cannon’s directives that (a) included 100 documents bearing classification markings in the review by the special master, senior Judge Raymond Dearie, and (b) barred the government from using those documents in its ongoing criminal investigation of the former president, pending the completion of Judge Dearie’s review. Beyond that, the appellate court set a timetable for a full review of Judge Cannon’s rulings, to the limited extent that they affect the 100 classified documents. Under that schedule, the matter would not have been fully briefed until December 9, with no date for argument set. Assuming the Trump team sought delays, as has been its wont, the appeal would not be decided until well into 2023, unless the government sought and the Circuit granted an expedited process.
Comments