Former President Donald Trump has asked the U.S. Supreme Court to intervene in the legal case surrounding the documents seized by the FBI from his estate in Florida.
“That appointment order is simply not appealable on an interlocutory basis and was never before the Eleventh Circuit. Nonetheless, the Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” Trump’s application to the nation’s top court stated.
“This unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master. Moreover, any limit on the comprehensive and transparent review of materials seized in the extraordinary raid of a President’s home erodes public confidence in our system of justice,” his lawyers added.
The appeals court panel wrote that “the district court ‘enjoin[ed] the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order,’ ‘in natural conjunction with [the appointment of the special master].’”
“And our pendent jurisdiction allows us to address an otherwise nonappealable order when it is inextricably intertwined with an appealable decision, or when review of an otherwise-nonappealable order ‘is necessary to ensure meaningful review’ of an appealable decision,” it said.
A request for a partial stay of Cannon’s order had been denied by Cannon herself, prompting the government to seek relief from the appeals court.
Thomas received the application because he is the justice assigned to the 11th Circuit. He can deny the application or pass it on for consideration to the full court.
The application is not aimed at the other portion of the appeals court ruling, which enabled the government to resume using the records with classified markings in its criminal investigation of Trump. That’s because the first Cannon order “is appealable as a matter of right,” Trump’s lawyers said.
Friends Read Free