The government has urged the Supreme Court to reject a request from former president Donald Trump that the Court intervene in ongoing litigation over Florida federal district judge Aileen Cannon’s appointment of a special master in the legal fight over documents seized in a search of Trump’s Mar-a-Lago estate.
The Justice Department explained its position in a 32-page brief filed on Tuesday by Solicitor General Elizabeth Prelogar. My assessment when Trump appealed to the high court last week was that the government would be pushing on an open door: The justices would want no part of this case, particularly at this premature stage when Trump has not been charged with a crime, when the case is currently before the Eleventh Circuit Court of Appeals on an expedited schedule, and when the flaws in Judge Cannon’s order involve a straightforward application of Eleventh Circuit precedent which doesn’t conflict with other federal appellate courts’ precedents.
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