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kentuck

(110,950 posts)
Sat Oct 1, 2022, 05:47 PM Oct 2022

DOJ requesting "expedited appeal".

They are questioning the legitimacy of the "Special Master" and also, the jurisdiction of the Judge chosen by Trump and his lawyers.

This should be an interesting week for the 11th Circuit. How quick will they act on this request by the DOJ?

Will they rule against the "Special Master" and send it back to its original jurisdiction in Palm Beach?

If they did that, would Trump and his lawyers try to appeal that decision?

Will the 11th Circuit agree with the agenda and calendar of the DOJ by turning over all documents to the DOJ and shortening the calendar?

If the 11th Circuit does not agree with the DOJ, will they appeal to the Supreme Court?

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euphorb

(279 posts)
1. Nothing will happen this week,
Sat Oct 1, 2022, 06:02 PM
Oct 2022

except the 11th Circuit may grant the DOJ's request for an expedited schedule. Even if the grant that, what the DOJ has asked for is a schedule that requires the initial DOJ brief on October 14, Trump's response brief by November 4, and the DOJ's reply brief by November 11 (the original schedule set by the court is about a month longer). The court would not make any decision until sometime after the final brief is filed. I know from personal experience clerking in federal court that there is no way a decision can be made in any case until all briefs are filed and studied and digested by the court.

Jim__

(14,045 posts)
3. "The court would not make any decision until sometime after the final brief is filed."
Sat Oct 1, 2022, 06:38 PM
Oct 2022

I am curious. Cannon seems to make decisions based upon filings by Trump's lawyers, without asking for any filing by DOJ. Are her rulings based only on filings by Trump lawyers outside the norm for how judges usually adjudicate cases?

euphorb

(279 posts)
2. There are only two issues before the 11th Circuit
Sat Oct 1, 2022, 06:11 PM
Oct 2022

1. Whether Judge Cannon had jurisdiction to hear this case in the first place. If they decide No, then all orders by Judge Cannon will be invalidated, as if she had never heard the case.

2. Whether she should have prevented the DOJ from accessing documents until after the special master process is completed. In the earlier appeal, DOJ gained access to the classified documents, but they still have no access to the remaining ca. 11,000 non-classified documents. DOJ claims they are also needed for their criminal investigation.

Even if they disagree with the DOJ, the 11th Circuit will most likely not fine tune the special master schedule. At most, they would send it back to Judge Cannon for modification in accordance with instructions.

Best case scenario, they'll throw the case out entirely. But, as a said in my previous comment, that won't happen until at least sometime in mid-November or later.

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