Sep 22 • 34M

11th Circuit Smackdown

Key elements of Judge Aileen Cannon's orders are stayed on appeal; Special Master Raymond Dearie says Trump can't have his cake and eat it; Alex Jones is still a handful in court.

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An irreverent podcast about the law from Josh Barro and Ken White.
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Dear listeners,

Whew, it’s been a big news week! Big enough that we had to record this episode one and a half times: on Wednesday, following the first conference with Special Master Raymond Dearie; and again on Thursday, after the 11th Circuit Court of Appeals made Dearie’s job much easier by saying the DOJ is free to use approximately 100 marked-classified documents seized from Mar-a-Lago and that Dearie need not review them.

Ken and I break down the 11th Circuit order — an unusual intervention at this stage of litigation, and one that makes clear the appeals court does not think highly of Judge Cannon’s reasoning, and indeed would be likely to throw out her entire order at a later appeal stage. Bear in mind, among the three appellate judges on the panel that smacked down her order, two are Trump appointees, so it’s not simply that Judge Cannon and Trump got an unlucky draw — her orders were bizarre and anathema to judges across the ideological spectrum.

We also talk about what’s left for Judge Dearie to do following the stay of the appellate court. He’s still the special master, and there is a huge pile of documents not marked classified, and Dearie will still have to review those and figure out what it even means to assess them for executive privilege — though context clues suggest the DOJ may be mostly interested in the documents with classified markings anyway. (Dearie has also made clear that whatever theory the Trump team had about why he’d provide them a sympathetic ear was incorrect.)

And then we discuss New York Attorney General Letitia James’s new civil lawsuit against the Trumps.

That’s all in the free episode. For paid subscribers, we also cover:

  • The wind-down of Special Counsel John Durham’s probe into the FBI investigators who investigated Donald Trump,

  • Angry judges presiding over the Parkland shooter’s sentencing and Alex Jones’s latest defamation trial, and

  • A civil lawsuit and a criminal investigation relating to the Venezuelan migrants who were talked — apparently under false pretenses — into boarding a plane to Martha’s Vineyard.

If you’re not a paying subscriber and you want to hear the whole thing, click the button below to upgrade and you’ll get the full episode and all future premium episodes of Serious Trouble, plus the opportunity to join our smart and insightful comment threads.

Best,

Josh

This episode is for paid subscribers