Justice Department asks court to speed up appeal of special master review in Mar-a-Lago case

[Lasher]

Last edited Wed Oct 5, 2022, 02:44 PM - Edit history (1)

Source: CNN

The Justice Department has asked a federal appellate court to speed up its schedule for weighing the department's appeal of a judge's order requiring a special master to review classified documents from Mar-a-Lago.

In the expedition request filed to the 11th US Circuit Court of Appeals on Friday, the DOJ proposed a briefing schedule that would wrap up written briefs by November 11, while asking the appeals court to schedule a hearing at its earliest convenience. Under the current schedule for the appeal, the last written brief is due about a month later, and oral arguments have not been scheduled yet.

"Expediting the appeal would serve the interests of justice because the portions of the district court's injunction that have not been stayed restrict the government's ability to vindicate the strong public interest in proceeding expeditiously with the criminal and national security investigation that underlies these proceedings," the DOJ wrote in the filing.

The Justice Department had asked for the 11th Circuit's intervention in the Mar-a-Lago documents dispute after former President Donald Trump successfully sued to obtain the appointment of a special master - a third-party attorney tasked with reviewing evidence and filtering out privileged documents - to pore over the roughly 11,000 documents the FBI had seized in its August 8 search of his Palm Beach, Florida, residence and resort.

Read more: https://www.cnn.com/2022/09/30/politics/justice-department-appeal-special-master-review-speed

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This should go well, after the bench slap Cannon got in the last appeal.

Update: DOJ motion to update granted. Thanks and a hat tip to LetMyPeopleVote

[machoneman]

1. Seems Cannon has even further pissed off the Appeals Court! Like the light speed in which the Court

has once again moved to slap this silly bitch down. Overruling her own previous order (slowed down) and slamming her own Special Master was the last straw I guess. They should immediately remove her from the case and start proceedings to sanction her actions STAT!

[onenote]

3. The 11th circuit hasn't yet decided whether to expedite the DOJ appeal.

At least, I haven't seen anything indicating that they've done so. DOJ has asked that they expedite the appeal and I hope they do, but I won't be surprised if they don't. The DOJ hasn't created a sense of urgency -- it didn't ask the 11th circuit to stay the original order, or Cannon's most recent order, while the appeal is being considered. Maybe they'll do so in the next couple of days, but the 11th Circuit may be reluctant to jump in and expedite the matter if it isn't being asked to put the process on hold while it decides the appeal.

[Lasher]

4. That is a good point.

I wonder why DOJ didn't ask the 11th circuit to stay her ruling on appeal.

[IbogaProject]

5. Maybe it would pause the Special Master

I'm not an attorney and I'm not reading the details closely. But their strategy is the keep the case moving at any even delayed speed. Now the DOJ will try and get this mess struck down or at least improved.

[Lasher]

7. Better to eliminate the Special Master from the process altogether.

For one thing, it sets too much of a precedent. Why then shouldn't all accused get one?

[onenote]

8. Because not all searches raise privilege questions

[Lasher]

9. Anyone who has an attorney could raise such questions.

If hard copy or electronic documents were seized.

[Justice matters.]

6. I think the DoJ has a solid case on Obstruction so no need to rush it.

The fact the more than 100 classified documents are reviewed or not would not matter (if I'm not mistaken).

We'll see.

Meanwhile, the DoJ can keep assessing the extents of the damages to National Security.

And also, meanwhile:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, September 29, 2022

Russian Oligarch Oleg Vladimirovich Deripaska and Associates Indicted for Sanctions Evasion and Obstruction of Justice

U.S. Citizen Arrested for Her Role in Facilitating Illicit Travel by Deripaska’s Girlfriend and in Real Estate Transactions

The Justice Department announced today the unsealing of an indictment charging a U.S. citizen and three citizens of the Russian Federation with violating new U.S. sanctions imposed earlier this year in response to Russia’s unprovoked military invasion of Ukraine.

According to court documents, Oleg Vladimirovich Deripaska, aka Oleg Mukhamedshin, 52; and Natalia Mikhaylovna Bardakova, aka Natalya Mikhaylovna Bardakova, 45, both citizens of the Russian Federation (Russia), and Olga Shriki, 42, a New Jersey resident and naturalized U.S. citizen, are charged with conspiring to violate U.S. sanctions imposed on Deripaska and one of Deripaska’s corporate entities, Basic Element Limited (Basic Element). Shriki is further charged with obstruction of justice based on her alleged deletion of electronic records relating to her participation in Deripaska’s sanctions evasion scheme following receipt of a grand jury subpoena requiring the production of those records. Bardakova is charged with one count with making false statements to agents of the FBI. Additionally, Ekaterina Olegovna Voronina, aka Ekaterina Lobanova, 33, is charged with making false statements to agents of the U.S. Department of Homeland Security at the time of Voronina’s attempted entry into the United States for the purpose of giving birth to Deripaska’s child. Shriki was arrested this morning.

“In the wake of Russia’s unjust and unprovoked invasion of Ukraine, I promised the American people that the Justice Department would work to hold accountable those who break our laws and threaten our national security. Today’s charges demonstrate we are keeping that promise,” said Attorney General Merrick B. Garland. “The Justice Department will not stop working to identify, find, and bring to justice those who evade U.S. sanctions in order to enable the Russian regime.”

“As today’s charges reveal, while serving the Russian state and energy sector, Oleg Deripaska sought to circumvent U.S. sanctions through lies and deceit to cash in on and benefit from the American way of life,” said Deputy Attorney General Lisa O. Monaco. “But shell companies and webs of lies will not shield Deripaska and his cronies from American law enforcement, nor will they protect others who support the Putin regime. The Department of Justice remains dedicated to the global fight against those who aid and abet the Russian war machine.”

More at: https://www.justice.gov/opa/pr/russian-oligarch-oleg-vladimirovich-deripaska-and-associates-indicted-sanctions-evasion-and

[Blue Owl]

2. Don't let that miserable mobbed-up fat fuck get away with his delay tactics

PLEASE

[LetMyPeopleVote]

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

Link to tweet

[Lasher]

11. Good scoop!

[onenote]

12. Bottom line: a compromise

The briefing in DOJ's appeal will be completed 4 days earlier than Trump asked and six days later than DOJ asked. But most importantly, it will be weeks earlier than what the 11th Circuit originally proposed.

Here are the relevant schedules:

Original 11th Circuit schedule:
DOJ Brief - October 19
Trump Opp. - November 18
DOJ Reply - December 9

DOJ Request:
DOJ Brief - October 14
Trump Opp - November 4
DOJ Reply - November 11

Trump Request:
DOJ Brief - October 14
Trump Opp - November 13
DOJ Reply - November 21

11th Circuit Order -
DOJ Brief - October 14
Trump Opp - November 10
DOJ Reply - November 17

[Lasher]

13. Thanks for the methodical reply.

But I shall revel in the weeks earlier part.

ETA: DOJ has a deadline of 5 p.m. Tuesday, October 11, to respond to Trump's SCOTUS appeal.