Boy things are moving at lightening speed here.
Clarence Thomas, who has responsibility for the 11th Circuit, has asked the DOJ to respond to Trump's motion to vacate the ruling by the 11th Circuit that the classified documents could be returned to the government.
There are a few layers here.
The first layer is legal experts are split on whether this is OK or whether Thomas should have simply tossed the motion.
The second layer is that Thomas' wife, Ginni, was deeply involved in the effort to overturn the 2020 election so perhaps Thomas should recuse himself here. Unfortunately the SCOTUS is a self governing body with code of conduct so there is no one to force that recusal.
The third layer is that after being scolded by the 11th Circuit Judge Eileen Cannon amended her original Special Master order to remove the classified documents so the whole question is arguable moot.
I'm sure the DOJ will respond and then we'll see.
5 PM Update: The 11th Circuit has granted the DOJ request for an expedited appeal and has established a schedule with all hearings done by the 3rd week in November. This is better than the end of January but it still appears to be winning the delay game.
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