Mitchell Epner writes:

Federal prosecutors on Tuesday, under the direction of newly appointed Special Counsel Jack Smith, argued to the 11th Circuit Court that they should immediately shut down the Special Master process created by Judge Aileen Cannon.

Under that process, former President Donald Trump has the opportunity to challenge the search warrant executed at his office and residence long before he is indicted. Virtually no other criminal defendant has ever been given that opportunity.

The Oral Argument Shows That The 11th Circuit Is Likely To Reverse

Based on the oral argument, it appears that the 11th Circuit is about to bring the curtain down on the sideshow that Judge Cannon created. The three judges on the panel (two appointed by Trump, one appointed by George W. Bush) expressed extreme skepticism that Judge Cannon had the jurisdiction to take any action before indictment and, even if she did, that she had a factual predicate to have enjoined the Justice Department and appointed a Special Master.

Judge Britt Grant (a Trump appointee) pointedly asked Trump’s attorneys whether they had appealed Judge Cannon’s finding that the DOJ had not demonstrated a “callous disregard” for the former president’s rights. Trump’s attorney (James Trusty) stated that they had not appealed that finding. Judge Grant basically stated that finding required reversal of Judge Cannon’s order. [Continue reading…]