As for what Walker's up to, bear in mind that he's a tough nut to predict, if not crack, at times.

That caution aside, Walker's determination to get this case on its way to the Ninth Circuit quickly and with a fulsome record is classic Walkerism. He has rather odd habits, however, of trying to corral parties to get to trial without definitively disposing of motions that most judges just rule on.

He very much wants to dispose of the First Amendment privilege claims now. Enough so, that he's tentatively embraced a piecemeal approach. Seems weird, frankly, but Walker's habits include indulging an intransigent party's odd procedural desires if it moves the case over some hurdle.