This is just conjecture, but I’m betting that family court judge Aileen Cannon won’t dare to poke her head back up from behind her bench until the statute of limitations on judicial stupidity runs out in about 5 years.
Because in their official ruling on the DOJ’s emergency appeal, the 3 judge panel treated judge Cannon like the kid trying to tell the teacher that her dog ate her homework. Not only did the panel rule unanimously for the DOJ, including 2 Trump appointees, but they made it a community decision, with no single judge taking credit for writing the ruling, they all pitched in.
And the way they all pitched in was to pile on judge Cannon like 2 football teams scrambling for a fumble, with judge Cannon being the football. The ruling had two parts, first, it lifted judge Cannon’s stay on the FBI and DOJ from continuing to use the documents for both the criminal investigation, as well as the national security review. Second, they excluded the classified documents from the documents that the Special Master or Trump attorneys could review.
But the real insult in the ruling was the way that the appellate panel took Judge Cannon back to judicial kindergarten in their review. They started out with a patient, almost childlike explanation as to exactly why classified documents are so important, and must be protected at all costs.
That sport aside, they went on to explain in graphic detail as to why Trump never actually possessed the documents in the first place. They patiently explained that these classified documents were actually created by the CIA, or the NSA, or the DIA, or the FBI. Those documents were the proprietary possession of federally funded US agencies, and the fact that they let Trump read them did not make them his personal property.
And then, firmly in the groove, the 3 judge panel went for the kill shot. They bluntly educated Judge Cannon as to why the Trump legal team’s contentions over the issue of classification was nothing more than a bullshit distraction. They explained that whether or not Trump had declassified the documents, the classification issue had nothing to do with the Trump legal team providing evidence of Trump’s proprietary interest in those documents. And Trump’s legal team hadn’t presented a shred of evidence as to why those documents should revert back to Trump’s control.
Oh brother. I haven’t seen a spanking that bad since a soft core BDSM flick I caught as a teen. And the synopsis I saw of their ruling only makes me more confident that when the panel hears the full DOJ appeal of Judge Cannon’s original ruling, it’s Adios to the Special Master as well. Simply because the appellate court laid waste to every single argument the Trump team used to request the Special Master in the first place. Don’t touch that dial.