"Trump has appealed the part of the 11th Circuit's decision that ruled DOJ did not have to share classified documents as part of the Special Master process. Trump did not appeal the part of the decision lifting the stay on using the classified documents as part of the criminal investigation. The parts of this pertaining to classified documents and Presidential authority are even more of a shit-show than the 11th Circuit response was, and for an audience that has actually considered these issues."
"In Al Odah, the Government appealed from an order granting defendant's counsel access to unredacted "classified" information. 559 F.3d at 543. The District of Columbia Circuit, applying the Cohen test, determined it had jurisdiction to hear the appeal of the collateral order in that case. Id. at 543-44. However, the present case is distinguishable from Al Odah, primarily due to whom the "classified" or "privileged" documents are being disclosed. Unlike in Al Odah, where the unredacted classified documents were ordered to be disclosed to defendant's counsel,"
Trump appealed the 11th Circuit ruling that DOJ did not have to share classified documents with the Special Master, but did not appeal the lifting of a stay allowing use of those documents in the criminal investigation. The government argued that orders to disclose classified information are immediately appealable as collateral orders, citing Mohawk and Al Odah. The reply contends that assertion is without merit and distinguishes Al Odah because there unredacted classified materials were disclosed to defense counsel, whereas here the materials would be provided to a Special Master who is a senior federal judge. The dispute raises jurisdictional and classified-information concerns.
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