Appeals Court panel *grants* DOJ request for a stay of parts of Judge Cannon's ruling.

[Nevilledog]

Link to tweet

Full ruling
https://www.politico.com/f/?id=00000183-625b-da48-a3e3-e2ff83050000

[Brother Buzz]

1. Cool! That was WAY faster than I expected!

Totally a Red Letter Day, Baby!

[Hortensis]

19. Yes, an IMPORTANT point. People who watch political infotainment

daily surely should not be surprised since we now know this was always a possible outcome.

And yet many people have been tearing their virtual hair in fear and frustration. Did they listen wrong, miss or misunderstand this possibility? Were they mislead by misleading media coverage? Both?

All this is going to go on for years, every day a chance to be too smart and cool to be jerked around.

[LetMyPeopleVote]

2. Judge Loose Cannon loses

TFG is having a bad day

[Nevilledog]

6. 2 Trump judge, 1 Obama judge

Very fast.

[SleeplessinSoCal]

3. Thank Goodness!

[Marius25]

4. Good news, but you know Trump will now appeal it to the full

court further delaying things.

Interesting to note, 2 of the 3 judges are Trump appointees (Grant and Brasher). Rosenbaum is an Obama appointee.

[WarGamer]

7. and then SCOTUS

[Nevilledog]

8. It's a good ruling.

[elleng]

11. Thanks

[Johnny2X2X]

16. Love that they mention the current administration

Biden, not Trump has the power to declassify things.

This is an absolutely devastating ruling for Trump and the SCOTUS will not help him.

Trump is going to be indicted. That is guaranteed now.

[Hermit-The-Prog]

18. My favorite part comes before that ...

We begin, as the district court did,with “callous disregard,” which is the “foremost consideration” in determining whether a court should exercise its equitable jurisdiction. United States v. Chapman, 559 F.2d 402, 406 (5th Cir. 1977). Indeed, our precedent emphasizes the “indispensability of an accurate allegation of cal-lous disregard.” Id. (alteration accepted and quotation omitted). Here, the district court concluded that Plaintiff did not show that the United States acted in callous disregard of his constitutional rights. Doc. No. 64 at 9. No party contests the district court’s finding in this regard. The absence of this “indispensab[le]” factor in the Richey analysis is reason enough to conclude that the district court abused its discretion in exercising equitable jurisdiction here. Chapman, 559 F.2d at 406. But for the sake of completeness, we consider the remaining factors.

My interpretation: Judge Loose Qannon had no legally supportable excuse for accepting this in the first place, but we'll go through the rest of it just for the pleasure of chastising and ridiculing her incompetent self, anyway.

[Nevilledog]

15. No en banc review available, only SCOTUS

Link to tweet

Tweet text:

Steve Vladeck
@steve_vladeck
·
Follow
Eleventh Circuit Rule 35-4 expressly prohibits en banc reconsideration of panel rulings on applications for stays.

In English, if Trump wants to continue to defend Judge Cannon's injunction, his only remaining option is #SCOTUS (where, IMHO, he'll lose):

https://ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules_Bookmark_AUG22.pdf…
Image
5:49 PM · Sep 21, 2022

[triron]

17. SCOTUS won't touch it imo.

[jcgoldie]

5. Wow seems like a rough day in trumpville!

[elleng]

9. Emphasizing 'PARTIAL stay.'

[drray23]

12. that's what the DOJ asked for.

A partial stay.

[drray23]

10. So the panel was made up of two Trump nominated judges and one from Pres. Obama.

Judge Rosenbaum was appointed in 2014, Braun and Brasher in 2018 and 2020.

It had been pointed out many times that's it's not a given that a judge will vote to favor Trump even if they were nominated by him.
He repeatedly lost during the 2020 election litigation with many of these alleged voting fraud cases in front of judges he had nominated.

Same here. Of course Cannon is an extreme counterexample.

[MaryMagdaline]

13. Good order. Restores common sense

How the hell does plaintiff have a PERSONAL INTEREST in anything marked classified?!

[UTUSN]

14. K&R for, woo HOO!!!!!