Just weeks ago, in In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, the U.S. District Court for the Southern District of New York rejected Microsoft’s bid to vacate a search warrant that compelled it to turn over to U.S. investigators emails that are stored in Ireland.  Recognizing the novel and important issues at stake, and apparently in no big hurry to get the email evidence, the government consented to Microsoft’s request that the court stay its order pending appeal.  The court then granted the stay (though for a much shorter time than the government had agreed to).  Last week, however, the government changed its mind and moved to vacate the stay.  The government now takes the position that the court’s order enforcing the warrant is not appealable at all, and that the only way for Microsoft to appeal is to refuse to comply with the court’s order, be held in contempt, and then appeal the finding of contempt.