Former President Donald Trump opposed the Justice Department's motion in the Eleventh Circuit to expedite appeal of U.S. District Judge Aileen Cannon's Sept. 5 special master order. In establishing good cause for its Sept. 30 motion to expedite, the Justice Department pointed out that the decision of the appeal might render proceedings under the special master, for which Judge Cannon approved a case management schedule last week, unnecessary. It also argued that the outstanding issues are legal and not factual, thus not requiring extensive factual review. The Justice Department had requested Oct. 14, Nov. 4, and Nov. 11 as the deadlines for the Justice Department's opening brief, Trump's response, and the Justice Department's reply brief, respectively. It had also requested that the court schedule oral arguments as soon as possible.
Trump's filing today, through local counsel Christopher Kise and James Trusty, pushed back on those deadlines, asking for oral arguments to be scheduled in Jan. 2023 and the briefing schedule to be set to Oct. 14, Nov. 14, and Nov. 21. It asserted that Trump would be prejudiced if the expedited appeal was approved and that the Justice Department has not shown good cause as to "why President Trump should have significantly less time than the Government and less time than that provided under the Rules to prepare and brief his arguments before this Court in this unprecedented case." It also stated that, overall, the public interest is best served through a "thorough consideration of the issues": "The Government has not and cannot possibly articulate any real risk of loss or harm resulting from a more deliberative process."