'I don't think I've ever heard an oral argument go worse for a litigant.'
During a tense 40-minute hearing in Atlanta, a three-member panel of the 11th Circuit Court of Appeals appeared likely to side with the Justice Department’s appeal that Cannon erred in appointing a special master in the first place, according toThe panel in their questions expressed concern that Cannon had “acted without precedent” by ordering the review and had “overstepped by inserting herself into the case” and trying to prevent the government from using the seized documents in its...
Lawyers for the DOJ argued that there was no precedent for Cannon to interfere in a case where no charges had been filed and that she should never have gotten involved in the first place because there is no evidence the August search of Mar-a-Lago was unlawful. Judge Andrew Brasher, a Trump appointee, pressed Trump attorney James Trusty to cite a “single decision by a federal court other than this one” that had issued a similar ruling. Trusty tried to sidestep the question, arguing that the “raid” on Trump’s property was itself unprecedented, before Judge Britt Grant, another Trump appointee, called him out for describing a lawful search as a “raid.”report added.
Brasher and Grant were previously on a different three-judge panel that unanimously overturned part of Cannon’s order barring the FBI from reviewing about 100 documents marked classified in their investigation, siding with the DOJ’s argument that she
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