So Cannon ruled, the DOJ asked the 11th for help, and they got it.
Can Trump appeal? This article quoting multiple experts says "not really, no".
At the core of it seems to be some legal technicalities I didn't know about. From the looks of things, the 11th's ruling isn't the problem. It's that the ruling was so eviscerating that Cannon changed her own order.
Basically, every legal expert who isn't on Trump's "pay"roll is saying that Cannon's order doesn't make sense, and yes, that now includes Cannon. They're not his documents and they could contain evidence of a crime. He's not getting them hidden, and he's not getting them back.Some legal experts, like NYU Law Professor Ryan Goodman, say that Cannon's revised order essentially "erased Trump's chance to appeal to Supreme Court."
Steve Vladeck, a federal courts expert at the University of Texas School of Law, explained that Cannon's amendment doesn't "formally" kill Trump's ability to ask the court to vacate the stay — since the stay is still out there — but in practical terms, it makes it impossible.
"Cannon's amendment moots DOJ's appeal, and means Trump can't show any harm — let alone irreparable harm — that the Eleventh Circuit's stay is causing," he explained on Twitter. "So there's still *technically* a stay for #SCOTUS to vacate, but no possible legal justification for asking the Court to do so."
Former appellate lawyer Teri Kanefield agreed that "changing the order moots Trump's appeal to SCOTUS."
"I suspect that [Cannon] doesn't like being overturned on appeal and wants to avoid more appellate thrashings," Kanefield said.
Even if Trump does appeal, legal experts say he will likely lose.
"I know some justices have stunned us before, but I see no way they overrule 11th Circuit on this issue," tweeted Barbara McQuade, a former U.S. attorney and law professor at the University of Michigan.
Vladeck agreed that the odds of there being five votes to override the ruling — even on a court stacked with Trump appointees — are "exceedingly close to zero."
Former US Acting Solicitor General Neal Katyal explained that Trump can attempt to go to the US Supreme Court but "it's a loser every day of the week." He added that the former president got "obliterated" by the appellate court and that they confirmed what legal experts have been saying, "the whole declassification thing is a red herring."
Speaking of legal experts, this one cited by Business Insider says, basically, the "special master" is baiting Trump's legal team into lying for him.
Fuck! There goes one of my points.In court hearings this week, Dearie has challenged Trump's attorneys to present evidence to support two of Trump's key claims: that he declassified the documents kept at Mar-a-Lago, and that the FBI planted evidence there.
Though Trump has repeatedly made those assertions in public, his lawyers have steered clear of repeating it in court, where arguments are more closely scrutinized.
Trump's lawyers have argued that defending his declassification claims at this stage could damage their defense in a potential trial, drawing an unimpressed response from Dearie.
In an appearance on CNN Thursday
"But that's good, right?"legal analyst Elie Honig, a former federal prosecutor, said that Dearie was seeking to expose Trump's falsehoods.
"The power of our courts is they have a way of bringing out truth. Perhaps a person can get away with fudging the truth in their public statements, in the media, in their private life, in their business. But when you step into a court, ultimately, the judge or the jury will say, fine, that's your allegation, now prove it," said Honig.
"And you can see the tension in Donald Trump's legal team because they will not say the things in court about declassification and planting that he is saying because lawyers have an ethical obligation."
"You cannot make a false statement to a court. You can argue aggressively for your client, you could try to poke holes in what the other side is doing, but you cannot lie. This is really a test for Donald Trump."
Seems to be grey area. Team Trump is still saying things like "declassifying them would--" and I imagine, once this case reaches a jury, they'll try "I'm not saying they were declassified, but they were declassified". But for now, the "special master" isn't having any of that, and the DOJ can always press Team Trump in court on the issue -- even bringing up the "special master".
Again, until Trump takes the stand (or signs a form that has the same effect) and says either "I declassified them" or "they are covered by privilege" then the answer is "no". The 11th's ruling makes that even more secure. There is no privilege Trump can assert anymore, and there's no proof he did when he could -- and half the articles I've cited say it wouldn't matter if he tried anyhow. It's a non-issue, a deflection by people so desperate to admit they were wrong that they'd rather literally ask for man-on-man porn in public.

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