I didn’t think that there was much choice, they had to.
The Justice Department said it would appeal a federal judge’s decision to appoint a special master to sift through thousands of documents the FBI seized from Donald Trump’s Florida residence on Aug. 8, according to a Thursday court filing.
The notice of appeal arrived three days after Judge Aileen M. Cannon ruled in favor of Trump and said she would appoint a special master, slowing — at least temporarily — an investigation into the possible mishandling of extremely sensitive classified information, as well as possible hiding, tampering or destruction of government records.
The Justice Department wrote in a brief filing that it would be appealing the decision to the 11th Circuit Court of Appeals.
That’s gonna be a big roll of the dice.
The appeals process could take longer than any document review by the special master. And there is no guarantee that the government would prevail, particularly if the case were to reach the Supreme Court, which has a 6-3 conservative majority that includes three Trump appointees.
UPDATE 1: The DOJ reply is one for the ages
I enjoyed reading that. I wonder if Their Honor will read it?
DOJ’s Notice of Appeal gave Judge Cannon an “off-ramp” to change the worst parts of her decision to avoid an appeal, but if Judge Cannon digs in her heels, the DOJ will ask the 11th Circuit to enjoin Judge Cannon’s decision, allow their investigation and the “damage assessment” to go forward, and to make a declaration that there is no executive privilege at all as any claim of privilege has been waived by the current executive as the only person with such privilege, and that any Special Master that is ordered will only be able to look at personal and attorney/client privileged documents. The DOJ seems to have its bases covered, and is looking for ways to keep the investigation moving while Trump plays his stupid lawyer games.
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Jeez, that’s wordy.
If I get what I’ve read thus far, the DOJ is basically saying
“Let’s deal with the non-classified stuff later, we gotta get going with reviewing the classified stuff so we can do damage control and we can’t be having this clown interfering with that, no matter how much he whines – and since those classified docs aren’t his anyway, you’d be a fool to interfere, judge – or is it comrade?”
Is that pretty close?
Shorter Appeal: The needs of the many outweigh the needs of one stupid dumbass.
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