According to Jonathan Turley, the appeal that the DOJ filed is not asking the appeals court to prevent the special master from reviewing the documents in question.
Late Friday, the Justice Department filed its long-awaited appellate filing related to the special master order of United States District Judge Aileen Cannon. While the Administration previously argued that the appointment itself is a threat to national security and unsupportable, it notably dropped its opposition to the appointment on appeal and only appealed one aspect of the order. In its motion for a stay pending appeal, it is only asking the 11th Circuit to allow it to continue using classified documents seized from former President Donald Trump’s Mar-a-Lago property in a criminal investigation. The filing may reflect that time is running out for the Administration since a special master is now in place and is likely to prioritize (and release) these very documents. The motion pending appeal does not prevent the DOJ from later challenging the whole appointment but it will come after the special master has begun his work.
Ironically the same argument they used to say a special master was not necessary is the same reason why they may have decided not to appeal the assignment of a special master. If we recall, the FBI raced to have their "filter team" go through everything prior to the Judge's ruling, demanding that it made the need for a special master moot.
Now that a special master is in place and will be reviewing documents, the same argument may hold true. By the time any sort of ruling comes through on their limited scope appeal, the special master might already have already gone through most of the most information that apparently worried the FBI. Can't very well go back in time and demand that the special master not see documents that he has already seen because of security concerns.
To some degree, it felt as if the DOJ was attempting to bully Cannon to make her back down on certain issues to avoid an appeal. When she basically refused to back down on anything, doubling down, and literally assigning a special master... it was if she called their bluff.
Even McCarthy suggested that the DOJ would be hesitant to appeal the Cannon ruling, based on how everything played out. Of course, McCarthy must be suffering from whiplash from going back on forth on this issue. Yeah a special master should have been assigned, but no there is no need for a special master anymore and the ruling was wrong, but maybe they should just have a special master nonetheless.
Of course the left is seething over this whole deal. Apparently the idea that the bill of rights applies to the bad orange man is worthy of getting a judge disbarred, if not thrown in jail.
1 comment:
It's been astutely pointed out that Martha's Vineyard got more military assistance than Bengazi. Just let that sink in.
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