Why hasn't DOJ appealed Cannon's ruling?

[NewsCenter28]

It seems like they are leaning towards accepting it?



For reference, I've seen cases decided by the Florida Supreme Court on a Friday afternoon at 4 and the appeal filed at SCOTUS by 11 p.m. that night.

Not an attack. I'm just surprised given the extremely wide criticism this ruling has received in the legal community, even from Bill Barr.

P.S.: I'm honestly sure that they have perfectly valid reasons for not appealing, but I, as a layman, am not seeing them at this time anyway.

[Ray Bruns]

1. It's all legalese. There are some downsides to appealing

[Samrob]

12. There are more downsides to NOT appealing.

Not appealing sets a precedent and could weaken whatever DOJ decides to do to hold Trump accountable.
Not appealing is a sign of weakness.
After the Trumpians get that inch, they will be ready to take a mile.
The respect and compliance with the justice system will sink to new lows and may never be recoverable.
There will be violence by the right no matter what. The nation is already torn asunder.
Not appealing will embolden the complicit MAGA within our House and Senate.
Not appealing will lessen the importance and seriousness of the security issues surrounding the TS documents in the minds of the public.

I will be pissed.

[Ray Bruns]

13. I am an engineer so I really didn't understand it

[brush]

2. Possibly weighing whether appealing or accepting...

results in the fewest delays?

[Brainfodder]

3. Something about where the appeal would go and being full of his judges, and not worth the gamble?

Judge is picked randomly?

That was my takeaway on this from earlier discussions.

[Poiuyt]

4. The problem with NOT accepting is that it sets precident

If this stands, other courts will look at this as the way to do things.

[NewJeffCT]

5. Former national security prosecutor Barb McQuade says the following

Link to tweet

?s=20&t=AnId5YVUv358aY2SUQ6pCw

For those without Twitter:
Decision for DOJ is whether to appeal. If your primary goal is to indict, then appeal will slow things down. If your main goal is to protect the institution, then an appeal makes more sense.

[NewsCenter28]

6. Ahhh thanks CT- I love Barb!

NOW I understand. Let's go with the indictment strategy and not appeal then!

[Alexander Of Assyria]

8. Indict now, make the Kraken judge's decision moot.

[Beastly Boy]

7. There are benefits to not appealing.

The special master decision, which will surely find that at least one out of 11,000 documents had been removed illegally by Trump, will lend a great deal of credibility to what DOJ has done so far and what it will do in the future. This may actually clear and speed up DOJ's path to indictment.

[regnaD kciN]

9. I'm guessing they're waiting to see who is named...

If the “special master” is someone they consider impartial, they won’t fight it. If it’s a Trump loyalist, they’ll file the appeal within hours.

[gab13by13]

11. Both sides submit names for a SM,

they have a Friday deadline. No way there will be any kind of agreement on a Special Master.

Lifting the stay is much more important.

[gab13by13]

10. Do what is right, appeal, but

appeal a ruling of the stay that Cannon imposed and appeal executive privilege. If the stay is lifted the situation improves.

Not appealing means DOJ has to live with judge Cannon's decisions, means that the investigation is stalled, especially the nuclear document investigation. No way there will be an agreement on a Special Master by Friday or next Friday or next Friday which probably means that Cannon gets to pick the Special master.

No way DOJ can proceed following the rules that were set up by Cannon.

DOJ could also challenge the judge's jurisdiction and appeal to have it moved to DC.

There is no good, easy, solution.

[H2O Man]

14. The Florida Supreme Court

has no relationship to a federal case such as this.

[inthewind21]

15. I believe

the DOJ has until tomorrow to respond. If you recall thus far, the DOJ has filed at the very last minute. I'll wait to see what happens tomorrow before I light my hair on fire.

[euphorb]

16. They are going to appeal.

They've said so. They filed a notice of appeal on Thursday afternoon. They haven't filed it yet--perhaps waiting to see how Judge Cannon rules on their motion for partial stay so they can decide exactly how to format the appeal, but it is coming. Barbara McQuaid's comments were made on Thursday morning before DOJ filed their notice of appeal.