Remember that Donald Trump and his corrupt lawyers went forum shopping for a Trump appointed judge – who was not the magistrate judge who issued the search warrant for his home in exile at Mar-a-Lago, the proper venue and jurisdiction for any challenge to the search warrant – whom they were confident would deliver a political favor from the bench, and that she did. Trump has corrupted the federal judiciary to be as corrupt as him. U.S. District Judge Aileen Cannon needs to be impeached for political favors from the bench. She is unfit to serve a lifetime appointment on the bench.
UPDATE:
A reminder that Judge Cannon never should have taken this case. It was in the hands of the magistrate judge, she was picked by Trump’s lawyers solely because she was a Trumpist, in a jurisdiction nowhere near Mar-a-Lago. She has an effect engaged herself in obstruction of justice
— Norman Ornstein (@NormOrnstein) September 5, 2022
NBC News reports, Judge grants Trump’s special master request, delays parts of criminal probe:
In a major blow for the government, a [corrupt] federal judge approved former President Donald Trump’s request for a special master to oversee all the evidence the FBI seized last month from his Mar-a-Lago estate and temporarily blocked parts of the Justice Department’s investigation.
U.S. District Judge Aileen Cannon — a Trump appointee — said in her ruling Monday that the special master should be able to review the seized documents both to address questions of attorney-client privilege and to litigate claims of executive privilege.
This special master opinion is so bad it’s hard to know where to begin:
1. She says Biden hasn’t weighed in on whether docs protected by Exec Privilege. Nonsense. The archives letter (which DOJ submitted to the Judge) makes it clear current President thinks none of this …— Neal Katyal (@neal_katyal) September 5, 2022
they leave office. At most, it simply means these are Executive documents that must be returned to the archives. It doesn’t in any way shape or form mean they can’t be used in a criminal prosecution about stolen docs…
— Neal Katyal (@neal_katyal) September 5, 2022
4. She says the Special Master should screen materials for exec privilege, without ever once explaining what specific material is subject to exec priv, particularly when the incumbent President rejects the assertion. How is the Master supposed to figure that intricate Q out?
— Neal Katyal (@neal_katyal) September 5, 2022
6. She tries to enjoin the Exec Branch from using these materials in an investigation, but the govt has already reviewed all the materials. It makes no sense.
— Neal Katyal (@neal_katyal) September 5, 2022
8. Her analysis of standing is terrible. Trump wouldn’t own these docs anyway, so why does he get a Master over them? If there is some marginal claim to some attorney client docs, that handful of material can be separately dealt with–you don’t enjoin the entire investig for that
— Neal Katyal (@neal_katyal) September 5, 2022
That’s just a few of many more problems. Frankly, any of my first year law students would have written a better opinion.
— Neal Katyal (@neal_katyal) September 5, 2022
https://twitter.com/TheBeatWithAri/status/1566913750149599234?cxt=HHwWhMC89Z_w5b4rAAAA
Government employees screening the documents had set aside only ones that might have been protected by attorney-client privilege and [correctly] argued that executive privilege was not at play here.
“In addition to being deprived of potentially significant personal documents, which alone creates a real harm, Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” she wrote.
Trump had requested that a special master, a third-party attorney, review the material seized Aug. 8 to assess it for potential attorney-client or executive privilege issues.
Trump’s attorneys argued in a recent court filing that “left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation with no recourse for [Trump] but to somehow trust the self-restraint of currently unchecked investigators.”
The Justice Department had argued against the special master request, saying a special master “is unnecessary and would significantly harm important governmental interests, including national security interests.” Justice Department spokesman Anthony Coley said in a statement Monday, “The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation.”
Cannon allowed a national security review of the records to continue but temporarily blocked the government from reviewing and using them for its “investigative purposes.” She systematically rejected the Justice Department’s arguments that Trump’s special-master request was filed too late, that it was superfluous and that Trump had no right for review because he didn’t own the documents in question that were seized.
UPDATE:
Judge single-handedly blocks criminal investigation, usurping clear cut executive power. This is a clear-cut impeachable offense.
— Norman Ornstein (@NormOrnstein) September 5, 2022
Cannon did not immediately grant Trump’s request to get back more of “his” property more quickly.
These classified documents are NOT his property! They are the property of the National Archives.
In a statement posted on his [QAnon conspiracy mongering] Truth Social website after the ruling, Trump attacked the Justice Department and the FBI as “totally corrupt.”
Psychological projection is a favorite tool of The Authoritarian Playbook: a media guide.
It is Donald Trump, his lawyers, and U.S. District Judge Aileen Cannon who are “totally corrupt” – the fix was in with this forum shopped corrupt judge. Our national security is at risk, as are U.S. intelligence assets overseas.
UPDATE:
This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession.
At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit. https://t.co/b07e1oR5vK
— Steve Vladeck (@steve_vladeck) September 5, 2022
Possible scenario: We increase our Senate majority & after our new Senators are sworn in the filibuster is relegated to the dustbin of history where it rightfully belongs. Then initiate impeachment proceedings against Aileen to get her removed on grounds of malfeasance. An added bonus would be sending a stern message to the rest of Sloppy Donnie’s installed judges to straighten up and fly right.
Andrew Weissmann writes at The Atlantic, “A Ruling Untethered to the Law”, https://www.theatlantic.com/ideas/archive/2022/09/judge-cannon-trump-mar-a-lago-special-master/671349/?scrolla=5eb6d68b7fedc32c19ef33b4
One of the most dispiriting aspects of the decision yesterday by Federal District Court Judge Aileen Cannon—which granted former President Donald Trump’s request to appoint a special master to review the evidence seized from Mar-a-Lago by the FBI—is that it undermines the work of all the other judges who have tried to adhere to their oath to “administer justice without respect to persons, and do equal right to the poor and to the rich, and … faithfully and impartially discharge and perform all the duties incumbent” on the office. Her ruling is untethered to the law and presents a skewed recitation of the facts. Her actions make the question “Who appointed the judge?” a sadly relevant one in evaluating a judicial opinion.
Cannon’s opinion is so deeply flawed that it’s hard to know where to begin a critique. Let’s start with the unequal application of the law. Although Trump wallows in feigned claims of persecution, in fact he has been privileged by the Justice Department, and now Cannon, in a manner unheard of for any other defendant. Every defendant would relish the opportunity to delay a criminal investigation by having a court enjoin the government from investigation, but that never happens. The time-honored recourse for someone aggrieved by a search is not to have an unelected judge unilaterally decide to enjoin the constitutionally delegated power of the executive branch to investigate and prosecute. The defense remedy is in a post-indictment motion to suppress evidence from a search.
Cannon addresses the departure from normal practice by inventing a new right for the former president, on the grounds that a post-indictment remedy would be insufficient for him to reclaim his good name. Leaving aside the question of whether her observation about the irreparable consequences of a delay in when he could assert a claim is factually supported, there are at least two other issues with this ruling. First, it is hard to see how her conclusion about harm would or should be cabined to Trump: Why would others under investigation not have the same claim? Is the extra protection of a special master—and the delay it entails—applicable to all public figures? Would we now have a new rule limiting investigations of government officials like Bill Clinton, as well as leaders of large corporations like Enron and Volkswagen and start-ups like Theranos? And if so, how is a rule that offers special privileges to the most advantaged members of our society consistent with providing equal justice for all? Cannon does not deal with any of this. Her ruling, in this respect, resembles the decision of former Attorney General Bill Barr to extend benefits to Roger Stone and Michael Flynn that were simultaneously denied to other defendants. The law, it seems, is simply different for Trump and his close allies.
The second problem with this aspect of Cannon’s decision is how completely unnecessary a special master is in this case. A review of potential attorney-client communications applies, at most, to a small subset of documents (no more than 500 or so pages, the filings suggest). These communications would have to be with Trump’s private counsel because he has no attorney-client privilege with the White House Counsel’s Office, which represents the office of the president and not him personally. And it is highly unlikely that any such communications relate to the issue of Trump’s theft and retention of government documents. But even assuming there is a risk that attorney-client communications might be relevant to the investigation, the Department of Justice has a tried-and-true method for dealing with it that doesn’t require a special master.
[T]wo other aspects of her decision are also worth noting. Cannon includes within the scope of the special master’s review documents that may raise executive privilege. She does not explain how the former president has the power to assert executive privilege; how executive privilege could restrict documents from being shared with the executive branch (which DOJ is part of); how it could apply to any documents at Mar-a-Lago that emanated from agencies like the CIA, NSA, or FBI; or why it would not be outweighed by the fact that the documents are needed in a criminal investigation (an interest that the Supreme Court found would overcome a privilege assertion by former President Richard Nixon). And even if some of the documents are covered by executive privilege, the documents would, by law, still have to go to the National Archives and not be returned to the person who absconded with them.
To understand the illogic of her decision, imagine the following scenario. I rob a bank of $1 million and stash the bags of cash in my hotel room. My gloves and wallet fall into one bag by accident. The police search my hotel room pursuant to a court-authorized warrant that permits seizure of the cash, gloves, and wallet. The judge appoints a special master to review the evidence seized, including every last dollar, even though I have no right to the return of anything that was seized. And she enjoins the criminal case for the duration.
But there is more: To support her decision, Cannon misleadingly claims that the current president has not asserted executive privilege. That is a shameful sleight of hand. If she really had a concern about President Joe Biden’s position, she need only have asked at oral argument. She did not. Instead, she engaged in a tortured reading of the evidence that the Justice Department did present to her. A letter sent by the archives to Trump’s counsel in May noted that Biden had authorized sharing the 15 boxes with the FBI and left to the archives the determination as to whether the documents taken from Mar-a-Lago were covered by executive privilege, and that, in consultation with the Justice Department’s Office of Legal Counsel, it had decided that this was not a close call and rejected the claim. Her opinion mentions the May archives letter, so we know she was aware of it, but she failed to address it or even note its executive-privilege discussion.
Finally, Cannon mercifully carves out the Office of the Director of National Intelligence’s review from the injunction she issued preventing the Department of Justice from using any of the search material in its criminal investigation. She gives no reason why the two should be treated disparately, but presumably it’s because the DNI could not indict Trump. But the work of the DNI is not easily separated from that of the Justice Department—indeed, the DNI’s letter to Congress makes clear that the two agencies are jointly conducting the review. That makes sense because the Justice Department is necessary to that review: To evaluate risks and harms, the DNI needs to know who touched and had access to the documents. It needs Mar-a-Lago visitor records, surveillance records, emails, and copier records, and it needs to interview witnesses. All of that requires grand-jury subpoenas, which also means that Department of Justice lawyers and FBI agents must be involved. And are Attorney General Merrick Garland, a prominent member of the intelligence community, and the experienced Deputy Attorney General Lisa Monaco supposed to recuse themselves from the DNI review so they can remain on the criminal investigation?
These are just a few of the factual and legal deficiencies in Cannon’s decision. It may help Trump in the short term, but by failing to apply the law evenhandedly, she has done lasting damage to the judiciary.
Actually, her actions support the position that all Cheeto appointees should be removed from the bench.
Kavanagh may be the worst of the bunch, but he’s hardly the only bad one..
“Trump is attacking law enforcement and yet again using language he knows will provoke violence. Only one group of Americans has a chance to diminish this danger — Republicans. If my fellow Republicans fail to step up to stop this, they will share the blame for all that follows.” — Rep. Liz Cheney (R-WY).
“This was ‘an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation,” said Stephen I. Vladeck, a law professor at University of Texas.”
“‘Deeply Problematic’: Experts Question Judge’s Intervention in Trump Inquiry”, https://www.nytimes.com/2022/09/05/us/trump-special-master-aileen-cannon.html
Late last week, Trump’s own corrupt attorney general Bill Barr had a phone interview with the New York Times and didn’t mince words. “Barr Dismisses Trump’s Request For A Special Master”, https://www.nytimes.com/2022/09/02/us/politics/barr-trump-special-master.html?smtyp=cur&smid=tw-nytimes
“As more information comes out, the actions of the department look more understandable,” Mr. Barr told The New York Times in a phone interview, speaking of the decision by the current attorney general, Merrick B. Garland, to seek a search warrant of the complex at Mar-a-Lago. “It seems to me they were driven by concern about highly sensitive information being strewn all over a country club, and it was taking them almost two years to get it back,” said Mr. Barr.
“It appears that there’s been a lot of jerking around of the government,” he added. “I’m not sure the department could have gotten it back without taking action.” Asked what he thought of the argument for the appointment of a special master, an independent arbiter to review the material that could delay the investigation, Mr. Barr laughed. “I think it’s a crock of shit,” he said, adding, “I don’t think a special master is called for.”
Earlier in a Fox News interview: “I frankly am skeptical of the claim that he declassified everything. You know, because frankly, I think it’s highly improbable… If in fact he sort of stood over scores of boxes, not really knowing what was in them and said I hereby declassify everything in here, that would be such an abuse and — that shows such recklessness — it’s almost worse than taking the documents.” — Former Attorney General Bill Barr.
Donald Trump has gone completely insane. He is a threat to himsef and to society, and to our national security. “Trump Tries To Overthrow The Government In Response To Special Master Ruling”, https://www.politicususa.com/2022/09/05/trump-labor-day-overthrow-government.html
Trump responded to being granted a special master by one of his appointees by demanding that the 2020 election results be changed so that he can return to the White House.
Trump wrote on Truth Social, “Now that the FBI and DOJ have been caught in a massive and determinative Election Rigging Scam, are they going to change the results of the 2020 Presidential Election? They should!!!”
Election rigging scam? Trump thinks that the search of Mar-a-Lago because he stole classified documents is a plot to rig the 2024 election.
Donald Trump lost the 2020 election, and that loss [haunts] him every single day of his life. It follows him around during his every waking moment.
Trump’s life and legacy are defined by the fact that he lost on the biggest election stage in the entire world.
The former president knows deep down inside that he can’t win with the voters, so he keeps looking for ways to be restored to power without the consent of a majority of the governed.
Donald Trump is still trying to overthrow the government because inhabiting the Oval Office might be his only ticket out of criminal prosecution peril.
The Federalist Society. Should be known as The Federalist Cult of which Cannon is apparently one. Which would make their members & adherents nothing more the cultsuckers. In both senses of the word.
Yep, she’s been a Federalist Society member since 2005.
Whatever they started out as, the Federalist Society has become a religious cult and they’re happy to Lie for the Lord all day long.
But I could be wrong, I mean, any group that has Edwin Meese on the board is probably legit, right?
“…happy to lie for the Lord all day long.” Isn’t it amazing that these devout “Christianists” treat the 9th Commandment as an unenforceable guideline instead of an ironclad rule that ensures civilization’s survival?
Edwin Meese. I seem to recall a Not Necessarily the News parody of those comic book/back of the matchbook cover ads “The Meese Method of Mind Control”. Comic book ads and matchbook covers is where that his legacy belongs.
Following the trail these people leave we get one long never-ending ScandalPalooza, onion layer after onion layer of overachieving garbage people.
John “Torture is Pretty Cool” Ashcroft is also a board member.
Off Topic But Fun Fact – Ashcroft was in a band with Larry “Airport Larry” Craig. I wonder how Ashcroft feels about that now?
Meese was the original “Individual 1” thanks to the Wedtech scandal.
And they all seem to land jobs as lobbyists and/or at bottom dwelling “think” tanks.
The Federalist Society shares members with The Claremont Institute and Heritage Foundation, which are seditious right wing loony bins.
These fake think tanks are the reason I have trouble with the Lincoln Project folks, for example, who now claim they thought the Confederate/KKK/88 wing of the GOP was a tiny minority and not its heart.
Assuming these think tanks started out as legit (doubt it) they turned sour long ago.
Cannon is the corrupt end result, the spawn of a corrupt GOP support system, and according to purely much all the lawyers in the world, really bad at law stuff.
Ashcroft & Larry “Wide Stance” Craig were part of a barbershop quartet called “The Singing Senators”. The other two members were Trent “If Thurmond had been elected in 1948 we wouldn’t have these problems today” Lott and Jim Jeffords. Jeffords gets major credit for jumping across the aisle shortly after Bush the Lesser was unethically installed in the Oval Office.
Craig had a wide stance in the men’s room and a narrow view of marriage in public. I’m an ally and I get it, people need to come out on their own time, but that guy gets nothing.
Jeffords jumped parties. How do you do that? You’re just admitting that you have no moral compass, no personal ethics.
Can you imagine Bernie Sanders showing up for work one day and demanding tax cuts for billionaires?
Of course our political system created T4ump, and of course T4ump created Cannon.
Pack the court, overturn Citizens’ United, and I apologize in advance to the local lawyers for today’s internet sway-duh-nom.
“Jeffords jumped parties. How do you do that? You’re just admitting that you have no moral compass, no personal ethics.”
It depends on the situation. Don’t know the background but it’s possible Jeffords saw where the Repug party was heading and wanted no part of it anymore. Don’t think he was pulling a MIss LIndsey remora act but could be mistaken.