ThePointblank wrote:
She also may have just made it more difficult for Trump to appeal to the SCOTUS. The 11th Circuit only stayed parts of her order; Cannon amended her order to remove those parts. As a result the parts of her original order pertaining to the obviously classified documents no longer exist, and the 11th Circuit's decision is now legally moot. The other parts are still active pending full review. At this moment, there's nothing to appeal to SCOTUS and there won't be until the 11th is done with their full review, which could be a while.
In short, because she amended the order to remove the parts that were stayed, the stay no longer exists. There's nothing for Trump to appeal (for now). The classified docs are completely off the table until after Trump is indicted.
This is a really good point, that I was wondering about as I read Trump's SCOTUS appeal. It appears that Trump is appealing a stay to an injunction that no longer exists in the judicial record, since it's been stricken. Judge Cannon has officially ruled that the Special Master is not to have access to the classified records.
I'm not an attorney, but it seems like what Trump is actually doing now, is appealing Judge Cannon's ruling. The fact that the appellate court stay no longer exists, because the injunction no longer exists, alone would be grounds for dismissal, I would think. Especially since he is arguing on procedural grounds that the appellate court does not have jurisdiction.