Garland and the DOJ are NOT holding up the prosecution of the MAL case. Who is? [View all]

[pnwmom]

Judge Cannon, through her appointment of the Special Master.

But there's hope. Cannon has already lost her attempt to keep the DOJ from accessing the classified documents. Today there's a hearing on the DOJ's appeal regarding the appointment of the Special Master.

Don't all the complainers want the strongest possible case to be made against Trump? I do.

So now we have to wait to see what the appeals court eventually rules after today's hearing.

Garland's an easy target for our frustration, but we're waiting on the COURTS, not on the DOJ.

https://www.emptywheel.net/2022/11/22/11th-circuit-showdown-the-fight-to-get-the-documents-to-charge-against-trump/

A 2PM Eastern today, an 11th Circuit panel including William Pryor, Britt Grant, and Andrew Brasher will consider DOJ’s expedited motion to overturn Judge Aileen Cannon’s decision to appoint a Special Master. Oral arguments should be available here. The briefs are here:

DOJ Appeal
Trump Response
DOJ Reply

SNIP

For the reasons I laid out here, the decision the 11th Circuit makes, and how quickly they make it, will dictate how quickly DOJ could charge the stolen document case.

SNIP

Trump’s team has been aggressively trying to prevent DOJ from keeping possession of these documents, by claiming that the first packet is both personal, attorney-client, and Executive privileged, and by claiming that other pardon packets can be Trump’s personal possession. It’s highly likely that Raymond Dearie will rule for DOJ on both those disputes. But if and when he does, Trump would object and Aileen Cannon would get to consider it anew.

That would make these documents unavailable for investigative purposes until after the new year. Whereas, if the 11th Circuit rules for DOJ, the government would be able to present these to a grand jury within weeks (assuming a quick decision and SCOTUS declining to review the decision, as happened with the last decision).