Thread by @nycsouthpaw

While the delay will irk people, Millett, Wilkins, and Jackson is a way better panel for the Select Committee than the Tatel, Rao, and Walker hydra that some folks were tentatively forecasting.

https://twitter.com/zoetillman/status/1458903458040401925

Millett - Obama
Wilkins - Obama
Jackson - Biden

vs

Tatel - Clinton
Rao - Trump
Walker - Trump

Moreover, imo, folks should prepare themselves that whatever happens in the Circuit, it's headed for the shadow docket at least.

Another thing I think folks are missing about this order is that it substantially expedites the process from what the parties proposed this morning. They asked for quick briefing next week on a preliminary motion by Trump for an injunction pending appeal...

In other words, the expedited treatment they asked for was fight next week over whether the National Archives should be enjoined from turning over the documents while the Circuit hears this appeal, however long that would take...

The two possible outcomes from the parties' proposal are (a) Trump wins the motion, the injunction is entered, and then we find out the schedule for the next round fo briefs before the DC Circuit hears the actual appeal or (b) Trump loses and the show moves on to SCOTUS

What the DC Circuit panel gave them instead was an order that **the whole appeal** would be given expedited consideration and be fully briefed and argued to the Circuit by Nov. 30th.

So it seems to me the panel has already accelerated things more than the parties requested. We are skipping the motion for an injunction, and moving on to having a panel decision some time next month.

(discussion of en banc rehearing omitted in this thread for everyone's sanity)