Wednesday, September 21, 2022

11th Circuit sides with DOJ over Trump

Here's the per curiam opinion, which reverses Judge Cannon and grants the requested stay.

The panel was Rosembaum, Grant, Brasher.

It starts this way:

Following the execution of a search warrant at the residence of Plaintiff-Appellee, former President Donald J.Trump, Plaintiff moved for the appointment of a special master to review the doc­uments that Defendant-Appellant United States of America seized. The district court granted that motion in substantial part. Now, the United States moves for a partial stay of the district court's or­der as it relates to the roughly one-hundred documents bearing classification markings. We decide only the narrow question pre­sented: whether the United States has established that it is entitled to a stay of the district court's order, to the extent that it(l)requires the government to submit for the special master's review the doc­uments with classification markings and (2) enjoins the United States from using that subset of documents in a criminal investiga­tion. We conclude that it has.

We stress the limited nature of our review: this matter comes to us on a motion for a partial stay pending appeal. We can­ not (and do not) decide the merits of this case. We decide only the traditional equitable considerations, including whether the United States has shown a substantial likelihood of prevailing on the mer­ its, the harm each party might suffer from a stay, and where the public interest lies.

For the reasons we explain below, we grant the United States's motion for a partial stay pending appeal.


9 comments:

Rumpole said...

Why isn’t this front page news across the world? I know I nearly spit out my coffee when I learned the 11th circuit sided with the government for once. It’s about time. They may the 9th circuit look conservative.

Anonymous said...

The opinion is sparkling crisp prose, a hallmark of Robin's writing. I'd bet my homestead she is the author.

Anonymous said...

Two Trump appointees on the panel. Just further proves that Cannon is a hack.

Anonymous said...

Your welcome.

Also very weird you refer to Judge Rosenbaum as "Robin."

Anonymous said...

There was also the weird fact that the Texas AG (joined by ten other states including Florida) filed an amicus brief that reads like pure nonsense. The ten page brief never explains what interest Texas or any other state has in either the search or the request for a special master. It is embarrassing to think that it was written by a practicing lawyer and infuriating to think that a Penny of tax payer money was spent on such trash.

Kissimmee Kid said...

Five days from initiation of the case to a 28 page reversal. Wow! They must not think much of this trial court Judge.

Anonymous said...

We should not be surprised that the amateur night ruling was overturned and lectured upon. Even if you love Trump you must apply the rule of law. When it happens its sort of sad we get surprised and celebrate it. It should be a given but sadly not today.

Anonymous said...

Nothing proves that these cases are purely political than the entire Defense Bar cheering on it.

Anonymous said...

This is such a weird controversy. I can't envision any scenario where any document could be both classified and privileged. There's no reason for the special master to have access to the classified documents if his purpose is to look for privileged documents. And Trump has half-assedly claimed he de-classified them all anyway (although his lawyers have hedged on that). Claiming the some docs are de-classified but somehow protected by privilege doesn't make sense.