11th Circuit Stays Much of Mar-a-Lago Search Docs Ruling
The 11th Circuit gave the DOJ most of what they wanted in a ruling that will stay part of a previous ruling on the Mar-a-Lago search warrant documents.
Read it for yourself here:
A three-judge appeals court panel has granted the Justice Department’s request to block aspects of U.S. District Court Judge Aileen Cannon’s ruling that delayed a criminal investigation into highly sensitive documents seized from former President Donald Trump’s Mar-a-Lago estate.
The panel ruled that Cannon, a Trump appointee, erred when she temporarily prevented federal prosecutors from using the roughly 100 documents — marked as classified – recovered from Trump’s estate as part of a criminal inquiry.
Trump “has not even attempted to show that he has a need to know the information contained in the classified documents,” the panel ruled in a 29-page decision. “Nor has he established that the current administration has waived that requirement for these documents.”
Two of the three judges on the panel, Andrew Brasher and Britt Grant, were appointed to the court by Trump. The third, Robin Rosenbaum, was appointed by President Barack Obama. In the unanimous decision, the judges declared it “self-evident” that the public interest favored allowing the Justice Department to determine whether any of the records were improperly disclosed, risking national security damage.
“For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings,” the appeals court wrote in an opinion that listed no individual judge as the author.
While Cannon speculated in her ruling that allowing investigators continued access to the documents could result in leaks of their contents, the appeals panel brushed aside that concern.
“Permitting the United States to retain the documents does not suggest that they will be released; indeed, a purpose of the United States’s efforts in investigating the recovered classified documents is to limit unauthorized disclosure of the information they contain,” the appeals judges wrote. “Not only that, but any authorized official who makes an improper disclosure risks her own criminal liability.”
The 11th Circuit’s rules appear to preclude any attempt to ask the full bench of that court to reconsider the government’s motion, but Trump could seek emergency relief from the Supreme Court.
Trump attorney Christopher Kise did not immediately respond to a request for comment on the ruling.
Couldn’t have happened to a nicer guy!
One wonders if any of these folks have given Judge Cannon a stern talking to yet.Report
When you are too much of a Federalist society hack for the 11th Circuit Court of Appeals…The 11th Circuit is not quite the 5th Circuit in terms of pure Federalist Society hackery but it is close.Report
As a wise friend of mine noted today, legal incompetence is not actually unethical.Report