Executive Branch Lawfare News

Justice Department Motion to Expedite Special Master Appeal Granted

Hyemin Han
Wednesday, October 5, 2022, 1:15 PM

The Justice Department's motion was granted, setting a briefing schedule in the Eleventh Circuit that will end on Nov. 17 with no extensions.

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U.S. Circuit Judge Adalberto Jordan granted the Justice Department's motion to expedite its appeal in the Eleventh Circuit regarding U.S. District Judge Aileen Cannon's order appointing a special master to oversee Mar-a-Lago materials on Sept. 5. The Justice Department's initial brief will be due on Oct. 14.

According to the order, the appeal will also be assigned to "a special merits panel from the classified appeals log" that will decide when to hear oral arguments. In its motion to expedite, the Justice Department had requested that oral arguments be heard as soon as possible, while former President Donald Trump, as a part of his opposition to the motion, requested that oral arguments be heard in the new year.

You can read the order here or below:


Hyemin Han is an associate editor of Lawfare. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.

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