JUST IN: A three-judge panel of the Appeals Court agreed that the RNC's lawsuit against the Jan. 6 select committee is now moot (the committee withdrew its subpoena).
BUT! The judges also decided to vacate the lower court ruling that had been one of the committee's biggest wins.
The committee won a huge victory in May from Judge Kelly (a Trump appointee) who ruled that the panel was validly constituted and had a legitimate purpose in seeking the RNC records.
The committee has cited Kelly's ruling repeatedly since then.
After once describing those RNC records as urgently necessary, the committee then asked the three-judge panel to slow things down. Ultimately, the committee withdrew its subpoena altogether: politico.com/news/2022/09/0…
The panel bristled at those shifting positions but agreed the case had become moot. Instead, it vacated the significant May ruling Judge Kelly (also a Trump appointee), citing "the important and unsettled constitutional questions that the appeal would have presented."
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BREAKING: DOJ has appealed Judge Cannon's denial of prosecutors' request for a stay of portions of her unprecedented ruling enjoining their criminal probe related to the Mar-a-Lago search. politico.com/f/?id=00000183…
"The court’s order hamstrings that investigation and places the FBI and Department of Justice under a Damoclean threat of contempt."
MORE: DOJ says Cannon's order is preventing FBI invsetigators from using tools to determine what was in those empty folders found in Trump's boxes — and whether anyone improper accessed the sensitive records.
BREAKING: Judge CANNON has denied DOJ's motion for a partial stay and has appointed Raymond DEARIE as special master.
On DOJ's claims about the classified docs: "The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion."
CANNON says DOJ can continue pursuing criminal aspects of their probe that don't include showing the seized materials to witnesses, and says they can brief Congress on the matter.
Conversations with lawmakers and aides underscored why simply handing over every scrap of evidence is not a short-term option. The committee is likelier to just make everything public when its probe is fully over in Nov/Dec.
MORE: The select committee also acknowledges that DOJ has begun deploying tools to obtain evidence that was simply out of reach for the committee — seizing phones from witnesses like John Eastman and raiding the home of Jeffrey Clark.
HAPPENING NOW: Pretrial conference for Stewart Rhodes and other Oath Keepers facing seditious conspiracy charges. Judge Mehta attempting to work out final preparations for trial.
MEHTA begins by explaining why he is rejecting Rhodes' renewed motion to delay the trial or obtain more access to discovery. Mehta says it's simply a "false" statement that Rhodes has not had extraordianry access to discovery — more than any other defendant.
MEHTA tells Rhodes' lawyer the motion for a special master is nonsense: "You told me last week you were here in good faith. I’m starting to question that."
"The idea that you would want to inject a special master for no apparent purpose … a week before trial is mystifying."