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Department of Justice Fires Back at Cannon [1]

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Date: 2022-09-08

Judge Aileen Cannon, crafter of some interesting legal rulings, AKA Judicial Calvinball

Mark Sumner reports the Department of Justice will file an appeal of Judge Aileen Cannon’s ruling that a special master must be appointed to review the material seized by the FBI at Mar-a-Lago carrying out a search under warrant. While that appeal is pending, DOJ is also asking the Judge to revisit her ruling.

According to a report in The NY Times by Glenn Thrush, Alan Feuer and Charlie Savage:

..In a set of filings, lawyers for the department announced their intention to appeal key parts of Judge Aileen M. Cannon’s ruling. They cautioned that they would move ahead with asking an appeals court to formally do the job of blocking those sections of Judge Cannon’s ruling if she did not agree to do so herself by next Thursday. Her order, issued on Monday, has prevented the department from using the documents in its investigation of Mr. Trump, including some marked as highly classified, that the F.B.I. took from the former president’s resort, Mar-a-Lago, during a court-authorized search on Aug. 8. In its complicated 21-page filing, the government also asked Judge Cannon to exempt “classified records — a discrete set of just over 100 documents” from her order to allow the national security analysis and investigation to proceed. Prosecutors say it is crucial they be allowed to work with the documents in order to assist a risk assessment of materials being conducted by the Office of the Director of National Intelligence.

emphasis added

Among other things, DOJ and Trump’s lawyers would have to agree on a special master to review the material under Cannon’s ruling, and there are also unresolved issues of executive privilege.

..The Justice Department lawyers wrote that “uncertainty regarding the bounds of the court’s order and its implications for the activities of the F.B.I. has caused the intelligence community, in consultation with D.O.J., to pause temporarily this critically important work.” The government and the public, the department added, “are irreparably injured when a criminal investigation of matters involving risks to national security” was frozen or delayed. The filing was unsparing in its criticism of the ruling, and tried to place the onus back on Judge Cannon, a conservative who was appointed the bench in late 2020 by Mr. Trump. And it creates a richer factual record in the case that could later be used in the appeal by introducing what the department said was the impediment it created to carrying out the national security risk assessment.

Judge Cannon has granted unprecedented deference to Trump’s interest in this case, despite the obvious national security issues and potentially serious criminal liability on the ex-president’s part. She has also demonstrated that she is averse to any criticism of her rulings.

Marcy Wheeler at Empty Wheel will doubtless weigh in on this shortly, but she has raised several concerns about what has been happening in this case.

All in all, this is like everything Trump touches: the deeper one looks, the worse it gets, and the chaos continues to spread.

Watch Trump, his lawyers, his supporters in the media, and the leadership of the Republican Party try to distract away from how criminal actions by Trump and his enablers has put national security at risk by using the tactic of — in Steve Bannon’s words — “flooding the zone with shit.”

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[1] Url: https://www.dailykos.com/stories/2022/9/8/2121675/-Department-of-Justice-Fires-Back-at-Cannon

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