After twisting federal criminal and national security law to help former President Trump fend off the Mar-a-Lago investigation, U.S. District Judge Aileen Cannon for the Southern District of Florida has given him another boost.
Trump’s big deadline, however, will be Nov. 4. Then, Cannon ordered, he will have to state, document-by-document, what privileges he claims apply to the records seized at Mar-a-Lago. Cannon ordered that Trump could lodge objections based on attorney-client and work product privileges, and on claims of Executive Privilege on whether the records are presidential or personal records per the Presidential Records Act.
The Supreme Court has ruled that executive privilege has to be asserted by a sitting President. Joe Biden has not asserted that the privilege applies to the records previously held by Trump.
I think this will be Trump’s only and final answer.
“There shall be no separate requirement on Plaintiff at this stage, prior to the review of any of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendant’s Inventory, its descriptions, or its contents,”
I’m not sure, but I don’t think that ruling is inappropriate. Cannon is basically saying to Dearie “this isn’t what you were hired for” and, quite frankly, Dearie’s put up or shut up demand to team Trump was fun to watch, but he was also clearly trolling them. He’s there to “evaluate” the documents, not to make rulings about how they might have been obtained.
Is the requirement to state whether Trump claims that any or all of the documents were declassified affected by this latest nonsense from Judge Cannon?
I haven’t seen this much hackery since Jim Hacker hacksawed his way out of a hackney cab to escape a computer hacker hawking hackberries at a hackysack game in Hackensack.
(Sorry if that sounded hackneyed, but my hackles are up!)
This special master back and forth is just a sideshow. At most, those documents may end up being against the Presidential Records Act, which is about like doing something against Federal Election Commission rules. In other words, a nothingburger. The DOJ has all the evidence it needs to charge Trump with breaking the Espionage Act. That’s a horse of a very different color.
It’s moot after the 11th Circuit gave back those docs to the government. He can try to claim declassification when they charge him, but it won’t really matter because they’re still all “national defense information,” which is what the Espionage Act applies to.
At what point does this federal judge cross the threshold of enforcing the law in a seemingly biased manner into malfeasance that can be impeachable?
This is not a traffic violation she handling. She appears to be twisting the interpretation of law beyond a breaking point to protect an individual she seems to be beholding to. She is playing a delaying game that possibly could have the national security of our country at stake, of many intelligence lives, of critical secrets for other nations (allies?).
If she were an individual considered an enemy in another part of the world, it feels like her actions would be identified as creating a clear and present danger to our nation. Which the CIA or some alphabet organization would then take the appropriate steps to protect our nation.