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Reason
Reason
Jonathan H. Adler

Justice Department Takes Aim at Judge Cannon

Last Thursday, the Supreme Court spurned Donald Trump's request that the Court intervene in the ongoing dispute over the Department of Justice's review of documents seized at Trump's Mar-a-Lago resort. Trump and his attorneys had asked the Court to vacate the Eleventh Circuit's partial stay of Judge Aileen Cannon's order barring federal investigators from continuing to examine seized documents bearing classification markings, but the Court showed no interest in getting involved.

In the wake of the Supreme Court's rebuff of Trump's filing, the Justice Department filed a brief with the Eleventh Circuit seeking to put an end to Judge Cannon's intervention altogether. In the brief, the Justice Department argues that Judge Cannon never had jurisdiction to appoint a special master to review any of the seized documents in the first place, and further explains why there are no plausible bases for claims of Executive Privilege that would justify judicial intervention. The force of the brief is strengthened by its reliance upon the Eleventh Circuit's previous decision, staying portions of Judge Cannon's order.

From the brief:

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