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11th Circuit Court Expedites DOJ’s Appeal of Special Master Appointed to Review Trump Documents

11th Circuit Court Expedites DOJ’s Appeal of Special Master Appointed to Review Trump Documents

“The Court sets the following expedited briefing schedule, with no extensions allowed.”

The 11th Circuit Court will expedite the DOJ’s appeal of a special master appointed to review documents seized at Mar-A-Lago:

Appellant’s “Motion to Expedite Appeal” is granted. The Court directs the Clerk to expedite the appeal for merits disposition purposes.

Having consulted with the Chief Judge, the appeal will be assigned to a special merits panel from the classified appeals log randomly selected by the Clerk. That panel will decide when and how to hear oral argument.

The Court sets the following expedited briefing schedule, with no extensions allowed:

Appellant’s initial brief is due on or before October 14, 2022.

Appellee’s response brief is due on November 10, 2022.

Appellant’s reply brief, if any, is due on November 17, 2022.

The DOJ disapproves of District Court Judge Aileen Cannon’s decision to appoint a special master to review the documents. The decision momentarily stopped the DOJ from pursuing what Trump calls a “witch hunt.”

The decision comes a day after Trump filed an emergency SCOTUS application to vacate the 11th Circuit Court’s stay order regarding classified documents.

Trump claimed: “The Eleventh Circuit lacked jurisdiction to review, much less stay, an interlocutory order of the District Court providing for the Special Master to review materials seized from President Trump’s home, including approximately 103 documents the Government contends bear classification markings. This application seeks to vacate only that portion of the Eleventh Circuit’s Stay Order limiting the scope of the Special Master’s review of the documents bearing classification markings.”

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Comments

At least this pushes things past the election. Hopefully, SCOTUS will have stepped in by then and pinned the 11th Circuit’s ears back. We might be in for some DOJ leaks.

    starride in reply to Pasadena Phil. | October 5, 2022 at 6:44 pm

    Already happened
    It is my understanding that:

    Case 9:22-cv-81294-AMC
    Document 40 and Document 40-2
    Entered on FLSD Docket 08/30/2022

    popped up in the public domain earlier today.

    It was not unsealed as far as I know but I am not 100% sure and have no way to verify.

      https://www.courtlistener.com/docket/64911367/137/trump-v-united-states/

      Is this it? I’m not sure that this means.

      1
      U.S. Department of Justice
      National Security Division

      Counterintelligence and Export Control Section Washington, D.C. 20530

      October 5, 2022
      By ECF and Courtesy Copy

      Judge Raymond J. Dearie
      United States District Court
      Eastern District of New York
      225 Cadman Plaza East
      Brooklyn, NY 11202

      Re: Donald J. Trump v. United States of America, Case No. 22-81294-CIV-CANNON –
      Government Update on Selection and Contract with Document-Review Vendors

      Dear Judge Dearie:

      Consistent with Judge Cannon’s order (ECF 125, at 3), the parties entered contracts with third-
      party vendors to scan, process, host, and provide a review platform for the Seized Materials.

        This is an order by the DOJ to make the seized materiels available for review so I’m guessing that the DOJ are giving up their attempts to block anyone from reading the documents but is this ALL of the documents? Does this include the 103 pages marked “super-duper top secret” that had them in a huff yesterday?

        starride in reply to Pasadena Phil. | October 5, 2022 at 8:43 pm

        What I am being told is it starts like this on doc 40

        “Notice of status of privilege Review Teams filter process and production of itemized list of documents within privilege review team’s custody” contains 10 pages and two exhibits A and B which list out a total of 63 line items

        starride in reply to Pasadena Phil. | October 5, 2022 at 8:51 pm

        What I am being told is Doc 40-1 (Exhibit A) and Doc 40-2 (Exhibit B) are what is still sealed and is what has been leaked. But this is way outside of my knowledge area

    That looks like an “L” for the Dems from here. Yup, guarantee that there will be leaks, but I think people have made up their minds that those are self serving and won’t sway many minds.

So will the Special Master continue the work of separating out the seized clothes and other garage sale materials from actual documents that might be relevant while waiting on the DOJ to finish posturing?

The process is the punishment.

Not a lick of this could be rationally understood to be “Presidential Records” or “National security” documents.

Court filing reveals more details about what FBI seized from Mar-a-Lago

Among the items seized by the FBI at Mar-a-Lago were clemency requests, health care documents, IRS forms and paperwork that appears to be related to the 2020 election, according to a Justice Department list made public this week.

The collection also included apparent communications about former President Donald Trump’s business connections, including what’s described as a confidential settlement agreement between PGA and Trump Golf, as well as an email accepting Trump’s resignation from SAG, or the Screen Actors Guild.
https://www.cnn.com/2022/10/05/politics/mar-a-lago-documents-fbi-trump/index.html

    Fatkins in reply to Juris Doctor. | October 7, 2022 at 6:58 am

    Read the article again, the documents you refer to was the taint teams list. In other words those records are already filtered out. The caveat to that may be the presence of documents comingled with classified as thats evidence of failure to secure the classified docs.

    mailman in reply to Juris Doctor. | October 11, 2022 at 6:22 am

    We really do need to see the warrant in its entirety because there appears to be a hell of a lot raided by the FBI that is outside of what they told us they were there for.