A uniquely favorable jurist

Mark Joseph Stern at Slate takes a very grim view of the Judge Cannon situation.

Cannon’s total lack of principle, combined with her evident incapacity to experience shame, renders her a uniquely favorable jurist for the former president. Indeed, if she maintains her grasp on this case, it is nearly impossible to envision Smith securing a conviction in her courtroom.

Cannon, a Trump appointee, gained notoriety while presiding over Trump’s attempt to halt the classified documents investigation in 2022. Following the search of Mar-a-Lago, Trump’s lawyers filed a complaint alleging that the search was illegitimate and unconstitutional; they demanded the appointment of a special master and, in the meantime, a freeze on prosecutors’ review of seized materials. In a calculated act of judge shopping, the case was assigned to Cannon…

Assigned by whom? Who was doing the shopping?

Trump’s lawsuit amounted to pure gibberish, a glorified Truth Social post that alleged a Democratic conspiracy. So Cannon promptly encouraged his lawyers to rewrite the suit so it sounded marginally less asinine. She then issued an order prohibiting the government from “further review and use of any of the materials” seized from Mar-a-Lago “for criminal investigative purposes.”

In other words she acted like a consigliere for Trump.

This command marked the first time in the history of the republic that a federal judge had claimed the power to stop a pre-indictment criminal investigation into a suspect. Cannon’s overreach provoked genuine shock in legal circles and fear in the intelligence community, as it effectively blocked officials from assessing the seized documents for national security risks. (Her order reflected a profound misunderstanding of national security damage assessments.) A right-leaning panel of the U.S. Court of Appeals for the 11th Circuit—which included two Trump appointees—soon stayed this portion of her decision, highlighting its “chilling” effect on fundamental “national-security duties.”

You’d think that all by itself would be more than enough to make her the last person on the planet who should be the judge on Trump’s indictment and yet here we are. I still don’t understand why. Do they write names on bits of paper and put them in a hat and ask a passing intern to pull one out and that’s the judge? Which works because all the names on all the bits of paper are Cannon? I don’t understand why this is being allowed to happen. It’s like waking up on a bus racing down a mountain road with no guard rails and finding the driver is asleep.

But Cannon wasn’t finished. She agreed to Trump’s request for a special master and appointed Raymond Dearie, a well-respected federal judge. After Dearie tried to bring some discipline to the case, though, Cannon immediately ran interference for Trump. She overruled an order that would’ve required the former president to either disavow or stand by previous claims that FBI agents planted evidence at Mar-a-Lago. She spared him the burden of lodging specific objections to the review of individual documents, which would have revealed the bogus nature of his claim to executive privilege. And she extended deadlines to help Trump drag out the special master’s review for as long as possible.

She might as well be Ivanka.

The madness finally ended when a panel of the 11th Circuit—made up of two Trump appointees and the ultraconservative William Pryorruled that Cannon had no authority to hear Trump’s lawsuit in the first place, rendering every one of her orders null and void. It was one of the most humiliating appellate smackdowns in recent history, a total demolition of literally every action that Cannon had taken from the outset of the case. The 11th Circuit accused Cannon of attempting “a radical reordering of our caselaw” that violated “bedrock separation-of-powers limitations.” And it directed her to relinquish control over the case.

So why why why is she on this case? When she’s literally the worst possible person on the planet for the job?

Smith, for his part, has the option of requesting a different judge; 11th Circuit precedent allows reassignment when the presiding judge appears unable to put “previous views and findings aside.” (This is a nice way of saying that they’re in the tank for the defendant.) Trump would surely fight such a request, and it’s impossible to say where the 11th Circuit would come down.

Oh well it’s only a parking ticket.

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