BLOWBACK: Legal experts slam Trump-appointed judge’s special master ruling
Legal analysts are not responding positively to Trump-appointed federal Judge Aileen Cannon’s ruling in ex-president Donald Trump’s request for a special master to review documents seized in the FBI’s August 8th search of his Mar-a-Lago estate.
Not only has the judge’s ruling granted the former insurrectionist-in-chief’s request, but she also put a stop to the Department of Justice’s criminal investigation, and now, legal experts are searching their heads to understand her logic.
DOJ must stop any forensic testing (fingerprints/DNA) that may be underway regarding the stolen documents. I hope the DOJ chooses to appeal this decision rather than just let it lie. #JusticeMatters video dropping this afternoon.
— Glenn Kirschner (@glennkirschner2) September 5, 2022
While NBC legal analyst Glenn Kirschner get the judge’s surname wrong in his tweet, his analysis is still sound.
Judge Cannon wrote in her decision, “This order shall not impede the classification review and/or intelligence assessment.”
Except it does.
The Department of Justice has to halt forensic testing of the documents – meaning any identifying DNA (fingerprints etc.), will be paused – which puts a wrench in the DOJ’s criminal investigation.
The obviously partisan ruling granted an injunction that wasn’t asked for. The United States Constitution is explicit when it says that “The president must “take care that the laws be faithfully executed.”
Attorney Asha Rangappa spells it out perfectly on her Twitter thread:
Judge Cannon’s ruling sparked immediate backlash and criticism from those familiar with knowledge of the law she chose to dismiss. Citing Richey, Cannon apparently missed the assignment – even while acknowledging that Trump didn’t pass the muster test.
“With respect to the first factor, the Court agrees with the Government that, at least based on the record to date, there has not been a compelling showing of callous disregard for Plaintiff’s constitutional rights. This factor cuts against the excise of equitable jurisdiction,” Cannon wrote on her ruling.
This Twitter thread from the hosts of the Mueller, She Wrote podcast gives a deep dive into the legal intricacies and misapplied justice inherent in Judge Cannon’s special master ruling.
She then cites Richey, even though Donald failed to meet all four Richey factors, and then cites irrelevant case law to wrongfully grant herself jurisdiction in this matter. 2/ pic.twitter.com/ukJozTPzaG
— Mueller, She Wrote (@MuellerSheWrote) September 5, 2022
Click here for more of the extensive Mueller, She Wrote Twitter thread on the ruling.
While no one can know for sure Judge Cannon’s motivation, it definitely raises questions.
In its filing on August 22, the DOJ argued that former President Trump’s request was moot:
“1) Trump lacks standing to request judicial oversight and related relief in relation to presidential records seized from Mar-a-Lago pursuant to the Presidential Records Act; 2) Trump is not entitled to the return of any property and fails in his request for injunctive relief; 3) even if Trump had standing, the appointment of a special master would be “unnecessary” and “interfere with legitimate government interests.”
The Federalist Society judge changed the venue from her home court to an older one just 3 miles from the former President’s Palm Beach home, and despite the motion filed by the Justice Department laying out the reasons – legally and justifiably so – for denying the appointment of a third party to oversee the records retrieved during the FBI’s legally executed warrant search – Judge Cannon ruled against the federal government and in favor of the one who placed her in her position.
Read Judge Cannon’s full order here.
Follow Ty Ross on Twitter @cooltxchick
