How long will it take to appeal the stolen documents case to the Supreme Court?

[kentuck]

It appears that may be where it is headed.

The "Special Master" decision is so bad, it is difficult to see how they come up with a competent person to take the position that both sides can agree upon.

Is there any way the DOJ can accept a "Special Master" in a criminal investigation such as this? It serves no purpose except to give the former president the delay he desperately wants and needs.

If the decision is appealed, how long would it take to make it to the Supreme Court? And what might they decide once it gets there? There is no guarantee that they would not do something as crazy as the Trump judge Florida.

[FBaggins]

1. There's a contradiction in your question

If delay is what he desperately wants and needs… there’s little that would get him more of that than running this all the way up to SCOTUS.

[kentuck]

4. That is the dilemma they are in.

Do they accept the terrible decision of the Judge or do they appeal with the uncertainty of what the Supreme Court might rule?

I don't know the time limit they have to appeal the decision but if they cannot agree upon a "Special Master", that may come into play.

Regardless, it gives Trump the delay he wants.

[jimfields33]

6. October soonest when Supreme Court is back in session

And that’s if they take the case. If they take the case, it will be months later.

[FBaggins]

7. SCOTUS isn't going to take an appeal that the circuit court hasn't heard yet

DOJ could certainly win an appeal on many parts of this ruling… but I can’t see what possible argument DOJ can make for doing so on an emergency basis.

[gab13by13]

2. It will not be quick, even with expedited requests.

It will go to the 11th circuit first, that could take 2 weeks or 2 months. Whoever loses at the 11th circuit most likely will appeal to the SC. The SC could expedite a ruling, but I don't think it will. It could take the SC 1 month or 4 months to take the case.

[Solomon]

5. Yeah but if the first appeals court overturns this stupid judge, things will continue without

interference while Trump desperately tries to get the case to the SC. In that case they can take 10 years for all I care.

[gab13by13]

9. No guarantees at the 11th circuit, sad to say.

It is the 2nd most conservative circuit out of 13.

[kentuck]

12. I have heard that.

They may agree with the Judge?

Then, could the DOJ appeal to a higher Court?

[FBaggins]

10. Not necessarily

There’s every reason to believe that an en-banc appeal and/or SCOTUS appeal would stay such a ruling until a final decision is reached.

[Bettie]

3. The better bet is that they WILl do something as crazy as the Florida judge

they are drunk on their own power now.

Literally nothing in our society is safe, well, except for the power and pocketbooks of oligarchs. That's pretty safe.

I have no faith in the judiciary as a whole, though, there are good judges, more than bad ones, but the rich right wingers seem to be able to choose their judges, so they get the ones they know will do their bidding.

Today, I feel terrible about this whole thing, hopeless. Give it a few weeks and I'll probably have more hope, but today? Nah.

[CrispyQ]

13. I'm with you, Bettie.

I had no hope in Garland/DOJ at first, then a glimmer after the J6 hearings, but after the past couple of weeks, I'm back to no hope. A wannabe dictator in possession of national security level information is still walking free & shooting his mouth off. And everyone seems pretty sure the earliest we might do anything about him is after the election. JFC. Our allies must be shitting bricks.

[Fiendish Thingy]

8. It only took a few months last year

When Trump claimed EP on the docs the J6 committee wanted in the fall of 2021, it only took a few months for the appeal to work through the courts and for SCOTUS to rule.

I think SCOTUS had the case in late October, and ruled in early January of this year.

Since they’ve already ruled on the EP issue, this time it could be quicker.

[sop]

11. It will be dragged out ad infinitum, long enough for Republicans to trivialize and normalize

Trump's crimes, and allow the current outrage to fizzle out. Marco Rubio's already saying Trump's theft of highly classified documents was just a "storage issue." I'm hearing other rightwing shills putting the Deep State on trial, claiming "the government classifies far too many documents," and Trump just wanted "more transparency for the American people." In their minds, Trump should be awarded a medal.

And whatever happened to Trump's insurrection and election crimes? I imagine some other Trump judge will also order a Special Master to review all the evidence gathered by both the January 6 Committee hearings and the DOJ Grand Jury...if they ever get close to an indictment. That will also have to be litigated and appealed for years. This will never end.

[brooklynite]

15. Unless you imagine that the SM will run in favor of Trump over EVERY SINGLE DOCUMENT...

...Trump will still be in legal jeopardy.

I don't think DOJ will appeal.

[CrispyQ]

14. Long enough to totally demoralize the democratic base & energize the fascists. -nt

[brooklynite]

16. If you imagine the base will be demoralized (and presumably not vote) because Trump isn't indicted..

...I don't think you've been paying attention to what's driving this election.

[gab13by13]

17. We are being told that indicting Trump before the election will energize his base.

What happened in the 2020 election? Democrats impeached Trump and it did rev up his base, he got a record turnout. The thing is impeaching Trump also drove out Joe Biden's base to vote in record numbers that exceeded Trump's numbers.

You have a valid point but I hope that Democratic voters realize what happened in 2016. Our democracy is at stake and Democrats need to vote to save it.

[Demsrule86]

19. That would not be a base but as the saying goes summer soldiers...and I don't believe it would

happen. Our elections do not depend on indicting Trump. In fact, I think it would hurt us if we did this before the election. It would increase the vote for the GOP IMHO. We need to concentrate on Roe which will kill women and vote against the MAGA in sensitive election jobs in the states; let this play out. I expect Garland has a plan.

[Johonny]

18. They have to appeal it, the ruling is so bad they can't let it stand to be used

by another judge. If they lose the appeal as well, I assume the Supreme Court won't let it stand. The easiest thing for the court to do is simply state the judge didn't have jurisdiction and simply pass on the rest of the hot mess. If they let it stand, it will be nearly impossible to prosecute a wealthy person in US ever again.

We all know they're taking whoever Trump requests be special master. There's no way you write that ruling and pretend to try to find a neutral party both sides agree on to review. You write that to let some hack throw out all the evidence.

[fightforfreedom]

20. If they do appeal , it could tie things up for many months.

I believe that is what Trump wants to happen. We haven't heard from the DOJ yet.