Dwight wrote: ↑Sat Oct 01, 2022 1:51 pm
Now the DOJ is
asking their appeal to the 11th Circuit on the special master be expedited since it would just save everyone a lot of time if the special master was moot.
I'm thinking they will expedite the appeal given the previous speed and how they ruled. They seemed to include that there was a lot of shaky ground Cannon was ruling from. I could see that they see Dearie trying to fulfill his duties expeditiously, and Cannon has just been bending over backwards for Team Trump and delaying things for no good reason other than it benefits Trump. Part of me wonders if she just really is this deep in the pocket for Trump, or if at this point after the 11th court's ruling she realizes it could be beneficial if the 11th Circuit takes this off her plate in a way that Trump can't point the finger at her and the MAGA folks won't be sitting outside her house.
The 11th Circuit’s order granting a partial stay created a weird situation when it found that the government was likely to prevail on its appeal. The reasoning it used clearly leads to the conclusion that there is no subject matter jurisdiction over the case. If true, the entire case is both a waste of time and an unfounded interference in the government’s right to investigate crimes.
Because lack of subject matter jurisdiction means that the court has no authority at all to hear the case, there would be nothing odd about the court raising the issue on its own and setting an early briefing schedule. So, I wouldn’t be surprised to see the Court of Appeals grant the motion.
From the brief, it sounds like the DOJ requested an accelerated briefing schedule in response to Judge Cannon’s procedurally word order last week. As described in my last post, Judge Dearie had proposed an order setting out the mechanics of how the review would proceed for review and comment by the parties. Both sides responded, with Trump strongly objecting to aspects of the order. But before Dearie could respond, Judge Cannon jumped in and issued her own order, extending her own final deadline, which no one had asked her to do, and setting interim deadlines, which no one has had asked her to do.
To be clear, when a judge appoints a special master, they retain complete control over the case and are not required to give any deference to the special master. But, once appointed, it is rare for the judge to micromanage the process or get involved at all without an actual motion directed to the judge. Most of the time, the judge simply waits for the special masters final report.
Not only did she extend her own deadline into December, she also precluded Judge Dearie from narrowing the issues as part of the review process. This means that the government’s ability to use the documents as part of its investigating Trump will be delayed even longer.
While the government may have been willing to live with Judge Cannon’s original November deadline, the new December +++ date may have been more delay in the criminal investigation than the government was willing to accept. So, plan B — ask the 11th Cir. to find that there is no subject matter jurisdiction for the whole thing.
