The Justice Department filed a motion to expedite its appeal against a judge’s order to allow a special master to review classified documents extracted from former President Donald Trump’s Mar-a-Lago residence.
The motion, filed Friday in the U.S. 11th Circuit Court of Appeals, proposed an expedited timeline that would complete the written briefs by Nov. 11, rather than the current deadline set for a month later. The DOJ said the independent special audit obstructed its own criminal investigation into the documents seized from the former president’s Florida residence in August.
“An expedited appeal would serve the interests of the judiciary,” the filing says. “Based on previous District Court orders, the government is barred from accessing any materials, except those with classification marks, seized pursuant to a lawful search warrant in August — and may continue to be barred from doing so until mid-December or later.” .”
The DOJ was granted appeal by the court in early September for more than 100 documents marked as classified to be exempted from the special main review.
Expediting the appeal of the broader review — and winning the appeal — would give the DOJ access to all 11,000 documents as part of its investigation into how they were transmitted, stored, and who accessed them.
Legal experts took to Twitter in the wake of the news to explain why the DOJ would be motivated to expedite the appeals process and weigh why they believe the department’s arguments could be upheld by the court.
Former Appellate Attorney Teri Kanefield posted a thread to Twitter and explained why she believes the district court would be inclined to grant the motion. Among Kanefield’s arguments, she noted that the court had already given Judge Aileen Cannon a “bonus” by blocking the special main review of certain classified documents.
The DOJ notes in Friday’s filing that the court issued its order earlier this month on the basis that the “injunction against government review” would cause “real and significant harm to the United States and the public.” ” represented.
“Although not to the same degree,” the DOJ continued, “such harm exists with respect to the District Court’s injunction against the government’s review and use of thousands of remaining documents and other materials…”
The DOJ also argued in its filing that there were “good reasons” to expedite the appeal, including that the motion did not require the court to “analyze an extensive record of facts.”
“Instead, this appeal raises two legal questions,” the DOJ wrote. “Whether the district court erred in the exercise of equity jurisdiction [Trump’s] motion, and whether the district court erred in issuing an injunction barring the government from reviewing or using seized evidence… in an ongoing criminal investigation.
Kanefield added that if the DOJ grants his request to expedite the process and wins the appeal, “it was all a waste of Trump’s money and the DOJ’s time.”
Former federal prosecutor Renato Mariotti also chimed in on Twitter, saying he believes Judge Cannon’s recent decision to side with Trump in a dispute between the former president and the special master played a role in the decision of the DOJ to seek an expedited appeal.
Mariotti added that it’s hard to say whether the appeals court will grant the DOJ’s motion, but that the department’s decision on the motion “is a good sign, and the DOJ rightly prefers it to Cannon.”
The DOJ noted in its filing that it had consulted with Trump’s attorney, Chris Kise, who said Trump opposed the expedited trial request.
“It will be interesting to see what reasons Trump finds for needing more time, particularly as the DOJ is reducing its own time frame,” Kanefield noted on Twitter.
In his Truth Social account on Friday, the former president called the “document hoax lawsuit” another “scam” by the DOJ and the FBI.
“Similar to Russia, Russia, Russia, Impeachment Hoax #1, Impeachment Hoax #2, the Mueller Report, spying on my campaign, lying to the FISA court, lying to Congress, illegally breaking into my home in Florida under Violation of the Fourth Amendment and also violation of the Presidential Records Act,” Trump said in the post.
news week has reached out to Trump’s team for comment.
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