The Colorado Springs Gazette final

DOJ wins round against Trump

11th Circuit allows request for speed

The Washington Examiner

An appeals court has granted the Justice Department’s request to speed up its appeal of the appointment of the special master examining the documents obtained during the FBI raid of former President Donald Trump’s Mar-alago resort.

Trump opposed the DOJ’S efforts to expedite its circuit court appeal, with the former president’s lawyers saying this week that the timeline for DOJ’S appeal should be broadened and that oral arguments shouldn’t happen until January at the earliest. The appeals court panel appeared to reject much of that in siding with the Justice Department.

U.S. Circuit Judge Adalberto Jordan ruled Wednesday that DOJ’S “motion to expedite appeal is granted” and that the court clerk was directed “to expedite the appeal for merits disposition purposes.” A special merits panel will decide “when and how to hear oral argument,” but for now, the Justice Department’s initial brief is due Oct. 14, Trump’s response is due Nov. 10, and the DOJ’S reply to that is due Nov. 17.

The Justice Department argued to the U.S. Circuit Court of Appeals for the 11th Circuit on Friday that its alleged inability to access nonclassified documents seized in the raid in early August was hampering its investigation into whether Trump improperly moved classified information out of the White House during his presidency.

Trump’s legal team has unsuccessfully sought to keep the appeals court out of the process, arguing that the circuit judges “should, respectfully, decline the Government’s invitation to proceed directly toward a preordained conclusion.”

“President Trump also opposes the Government’s request to expedite oral argument in this case. … President Trump believes setting oral argument in January 2023 or later is appropriate,” Trump attorneys Christopher Kise and Jim Trusty said in a Monday morning filing.

Trump’s lawyers also called upon the Supreme Court to reverse the appeals court ruling that itself reversed the lower court ruling allowing for a special master to review allegedly classified documents seized at Mar-a-lago.

Last month, Judge Aileen Cannon appointed Judge Raymond Dearie to be an independent reviewer of the records seized from Mar-a-lago.

The appeals court has already granted the Justice Department’s request for a partial stay of Cannon’s lower court order, allowing the DOJ to continue its criminal investigation using allegedly classified documents the FBI seized. The three-judge panel’s decision was a win for the DOJ, with the appeals court also reversing Cannon’s determination that the DOJ would have to provide roughly 100 documents with classified markings to the special master for review.

Cannon, a Trump appointee, had ruled last month that she “temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.”

NATIONAL POLITICS

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2022-10-06T07:00:00.0000000Z

2022-10-06T07:00:00.0000000Z

https://daily.gazette.com/article/281745568279912

The Gazette, Colorado Springs