Charlie Savage’s avatarCharlie Savage’s Twitter Archive—№ 15,382

    1. My take on the 11th Circuit's granting of DOJ's expedited appeal request is that the only concrete effect for now is not that important per se, but it does raise the potential for ripple effects that could be important later./1
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  1. …in reply to @charlie_savage
    The schedule the 11th Circuit sets for briefings is not much different from the non-expedited one Trump proposed. Trump's response brief is now due Nov. 10 instead of 14, and DOJ's reply brief, if any, is due a week later, so Nov. 17 instead of 21. Four days isn't a big deal./2
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    1. …in reply to @charlie_savage
      What could matter more is the 11th Circuit will randomly pick the three judges on the panel now, although I don't think the public will learn who they are. But the court knowing who they are now could be important. /3
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      1. …in reply to @charlie_savage
        That means those three judges, once picked, can compare their calendars and find an open slot for oral arguments. Since they'll be doing it now, the chances are better they will find an earlier available opening. /4
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        1. …in reply to @charlie_savage
          Of course panel could forgo oral args! But even if not, earlier args date could still mean earlier ruling, increasing chances Cannon is blocked from ruling on privilege disputes. (Deadline for special master report is 12/16.) But a chain of if's to get there from here./5
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