Or she was very smart and knew Trump's team would appeal not matter what. So instead she kept control and booted it to the 11th for review, knowing what they would say/do, then was able to keep things moving and stop Trump's delay8ing tactics when the decision was rendered and she struck those parts.
I would say rather, this is damage control. She had to know she was hanging herself out there, with a very stretched ruling that as she herself said, kept Trump's foot in the door. She did that successfully, but now the door has been shut by another court.
With that occurrence, she is bringing her ruling back into accordance with the law. For the other aspects of her ruling, the DoJ did not agree, but did not contest either. They don't oppose the special master, even though they think it unnecessary.
In my view, the special master may be beneficial because Trump cannot claim he is being persecuted by his own special master. It really all depended on who the special master was. Judge Dearie has established that he is not a true believer, he just wants to do the job fairly and well.
It's like Biden said, and the Jan 6 committee has also thoroughly demonstrated. It's not conservatism itself that's toxic, it's the MAGA wing of it that Trump has created.
Correct; this feels like damage control.
Judges do not like being contradicted by another level, and the 11th Circuit absolutely demolished every reason why she should have interjected herself into the case in the first place.
They started out with saying that Judge Cannon abused her discretion to interject herself into the case which would have been enough to provide the stay that DoJ was seeking:
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.
And then followed up with the next 12 pages of demolishing every other possible reason used as well. Basically, the 11th Circuit said Trump had:
No interest or need for any of the documents seized, especially with the classified documents;
Had no need to know;
Had no evidence of declassification;
Would not be irreparably harmed by denial of the return of the property;
That the mere threat of prosecution is not enough to be irreparably harmed;
Did not seek the return of said documents through a Rule 41(g) motion;
Nor identified why he wants them back
The court appeared to be confused as to why Judge Cannon inserted herself here, and issued a fairly tersely worded slap down. Not only did they tell her she was wrong, but that she was completely wrong from the get go, we're upset as a result, so don't do this again.
Per the 11th Circuit, Judge Cannon completely misapplied the law with respect to the Richey factors, and she completely got elementary things wrong like the general rule that a court should not grant extraordinary relief that the plaintiff has not even requested, and who bears the burden of proof in obtaining relief. She seemed to be saying in her original ruling that the government has not proven that the classified documents are classified, so the plaintiff should be entitled to the requested relief.
In reality, that's the inverse of the burden; Trump was the plaintiff, so it was incumbent on him to prove that he had a right to possess the seized materials that entitled him to an injunction, in addition to meeting the Richey factors.
Of note, Judge Cannon did not have to amend her original order, but she chose to anyways. It's definitely damage control on her part.
And her reversal of her original decision also makes it worse for Trump; not only that if he wanted to appeal this have to start all over and go back to the 11th Circuit for an appeal, it's likely the 11th Circuit would not even give him the time of day; courts go out of their way to avoid contradicting themselves. Trump's lawyers would have to find new arguments for such an appeal as the 11th Circuit has already weighed in the existing arguments they used. If Trump's lawyers tried to repeat the same claims they used for such an appeal, it would be shot down quick; in effect, they would be telling Trump's lawyers "We already weighed in on that against you just a few days ago; are you guys and gals deaf and blind?"
Providing a stay on the order requiring classified documents be reviewed by a special master then granting an appeal on an order NOT requiring classified documents be shared with a special master after the original order was modified to reflect the ruling in the original stay… would be confusing and pointless at best.