Judge’s Snub Could Give DOJ Second Thoughts about Appeal in Trump Case

The latest directive, for all its flaws, gives prosecutors a path to prompt access to the classified files they need for their investigation.

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Former president Donald Trump takes the stage at the Conservative Political Action Conference in Dallas, Texas, August 6, 2022.

Brian Snyder/Reuters

Judge Aileen Cannon has rejected the Justice Department’s proposal of a compromise that would have avoided an appeal of her order appointing a special master to review documents seized from former president Donald Trump’s Mar-a-Lago resort by the FBI.

Judge Cannon’s ten-page order was issued on Thursday evening. That’s because prosecutors had vowed to seek redress in the Eleventh Circuit Court of Appeals if she had not partially reversed herself by today. Nevertheless, I suspect the Justice Department is having second thoughts about appealing. Cannon’s latest directive, for all its flaws, gives prosecutors a path to prompt access to the seized classified documents they need to proceed with their investigation — whereas even a successful appeal could entail weeks or months of delay.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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