Finally, after two nonstop weeks of judicial farce from traffic judge Aileen Cannon, we’ve been treated to back to back days of what normal justice looks like in America.
Yesterday senior Brooklyn federal judge Raymond Dearie repeatedly spanked the Trump legal team like an unruly puppy over their nonsensical motions and arguments in his court, at one point literally telling them You can’t have your cake and eat it too. Dearie also told Trump’s legal carp to fuggedaboudit when it came to them seeing the classified documents at this time.
And today, less than an hour ago, the 11th Circuit Court of Appeals, without ruling on the larger issues, lifted judge Cannon’s stay prohibiting the FBI and DOJ from looking at or using or investigating the 100+ pages of classified documents while the Special Master is working. As we speak, FBI and DOJ agents may already be back hard at works, collating and examining those documents, including as part of the criminal investigation into Trump.
There was some worry about what the court would do, since Trump appointed 6 of the members. I wasn’t really worried. There are 11 judges on the 11th Circuit, and 3 of them are drawn by wheel lot for each case. These guys want to decide cases and write opinions with an eye towards enough of a judicial spotlight to put them in position for a more prestigious appellate court, like the DC Circuit Court of Appeals. They aren’t about to torpedo their own careers over a juvenile court judge sycophant like Cannon.
From where I’m sitting, this particular issue is now settled. Trump’s legal chimps will of course immediately make an emergency appeal to the Supreme Court to restore judge Cannon’s original stay while the case is heard by the full court. Fat chance.
Chief Justice John Roberts greatest nightmare was that the 11th Circuit would random pick 3 Trombies, who would refuse to life the stay, forcing the DOJ to make the same appeal to SCOTUS, and for the court to once again rule against Trump, or appear so morally corrupt that there’s no sense in them even hearing cases anymore.
By being the adults in the room, the 11th Circuit has now tossed Roberts the same sanity lifeline that the DOJ tried to throw to Cannon after her 1st disastrous ruling. Now, when Trump’s legal howler monkeys come screeching into SCOTUS hurling shit balls all over the place, the Supreme Court can now simply make the announcement that they decline to hear the case, since they already have the result they wanted. Pass on that mega turd, and let the 11th Circuit take the heat from Trump and his supporters.
One more thing. The speed with which the 11th Circuit made its ruling to lift judge Doofus’s stay on the FBI and DOJ makes it seem much more likely to me that the Circuit will also overturn bankruptcy court judge Cannon’s ruling on the appointment of the Special Master as well, And once again, when Trump’s ambulance chasers come grunting and squealing with an emergency appeal, they’ll simply decline to hear the case, end of story. Ah, American justice.
* UPDATE *
MSNBC just reported on the actual composition of the 3 member panel that ruled on the DOJ’s emergency appeal today. It turns out that 2 of the 3 judges on the panel were Trump appointees. But when the time came, all three judges ruled in favor of the DOJ, and in each written opinion basically wondered which planet judge Cannon originally came from.