Just yesterday, this site published an article that addressed DOJ’s Motion to the 11th Circuit to lift the stay on the criminal investigation of the Mar-a-Lago files pending the larger appeal. I wrote that the speed with which the 11th Circuit acted might inform the parties and the public as to whether the 11th Circuit sees the stay as “wrong” or “dangerous.” The circuit court has wide latitude with which it could schedule such matters, and simple logic says that the sooner the 11th Circuit reacts, the more “concern” it likely has. The court appears concerned. It ordered Trump’s attorneys to respond to DOJ’s Friday night filing by noon on Tuesday.
It would be difficult to conceive of a shorter period to respond. This scheduling order likely caught Trump’s attorneys by surprise. A reasonable expectation might have been a week to respond. Five days? They have been given a little over three days. The 11th Circuit panel believes this is important enough that it wants this decided as soon as possible, perhaps late this week.
This site wasn’t alone in seeing the quick response as a good indication that the court wants this injunction lifted: