The more I watch the Merrick Garland Justice Department in action, the more I appreciate President Biden’s savvy in nominating him in the first place. I know, after 4 years of KKKeebler the Elf and Tubby the Ewok turning the DOJ into a legal version of Goodfellas, they’re kind of stodgy and dull. But they’re also discreet, thorough, painstaking, and have legal strategy nailed to the wall.
Here’s the perfect example of how they game things out, and I lauded the DOJ for their decision at the time. After he tired of fundraising off of the FBI raid on Mar-A-Lago, Traitor Tot decided he wanted his shit back. So he went judge shopping, and landed the judicial teletubbie, judge Aileen Cannon to hear his motion requesting the appointing of a Special Master to review documents, and barring the DOJ/FBI from accessing any documents while they were under review. And of course, Judge Pootie rolled over, waited for her tummy to get skritched, and gave Trump everything he wanted.
The standard play would have been for the DOJ to appeal the entire ruling up to the 11th Circuit Court of Appeals. But Garland’s DOJ had their eyes firmly fixed on the main prize. Debating the entire ruling would waste months, requiring multiple hearings. Screw the Special Master and the 100,000 non classified documents, those could wait. The DOJ instead surgically tailored their appeal to only the 100+ classified documents, under national security reasons. And it worked like a charm. In less than 2 weeks the 11th Circuit slapped Cannon around like a tether ball, and granted the DOJ’s motion.
A brief aside. Special Master Dearie isn’t turning out to be Trump’s kind of Special Master. He responded to Trump’s baseless claims of the FBI planting documents by giving him until Monday to prove up and show which documents from the 11,000 catalog of documents were planted. Trump’s legal chimps ran squealing back to judge Cannon, who stayed judge Dearies ruling, and actually extended the timeline for completing the review. That should have been good enough for double tummy skritches.
In a typical Friday night news dump, late today the DOJ filed an emergency appeal to the 11th Circuit, telling them that they now desperately needed access to the 11,000 unclassified documents, as they likely contained clues the DOJ needed in their investigation, as well as asking the court to shorten judge Cannon’s extension for the Special Master review.
This is beautiful legal tactics. Don’t try to steal the whole chicken, take one bite. They did that with the classified documents appeal, and the severity of the appellate court’s spanking of judge Cannon emboldened them. Now you come back a couple of weeks later for a second bite. After all, in their original ruling, the court chastised Cannon for her judicial overreach in barring the DOJ from viewing their own classified documents. Why would they now niggle about 11,000 unclassified documents that the DOJ also already owns. Sometime late next week, or early the week after, look for the appellate court to rule for the DOJ. And since the 11th Circuit wants this whole klown kar circus shut down as soon as possible, look for them to shorten the duration of the Special Master as well.
You’ll notice that there’s one thing missing from these DOJ emergency appeal filings. And mention of the Special Master himself. And for a good reason, if you know how this shit goes. Juvenile judge Cannon appointed judge Dearie, and as such, he answers to her. Judge Dearie has already shown that he has no truck for Trump’s bullshit, and judge Tummy Skritch has just shown she’ll continue to bow and scrape to His Lowness. Why get into a fight with an honest, straight shooting judge like Dearie. Let him do his job, make his recommendation, wait for Juvenile judge Cannon to overturn it, and then appeal her ruling to the 11th Circuit. Give them one more chance to cuff her around. Who cares low long it takes, you already have everything you need?
If you like seeing cheap charlatans getting slapped down by the real professionals in the field, then the next 10-14 days are for you. After their previous ruling, there is no reason to believe that the 11th Circuit won’t once again give the DOJ what they want, and once again take a leather covered paddle to judge Cannon. The best part is that this craven Trombie has so totally disgraced herself in the judicial world, that she’s never going to get out of that 1 courtroom backwater district. Good riddance to bad garbage.