The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, R-Ohio, had sought to question him Thursday.

In issuing the stay, Judge Beth Robinson noted her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.

[It’s only a momentary respite. Bragg’s lawsuit has no merit, legally or constitutionally, and Bragg shouldn’t even have standing in a case involving a subpoena to a person who no longer works in his office. — Ed]