Lawrence O’Donnell on MSNBC’s The Last Word just spent his entire A-block in describing the DOJ’s totally untenable position regarding the recent moronic decision by judge Aileen Cannon. If you don’t appeal her ruling, who knows what incompetent nutcase Cannon appoints Special Master, and how long it takes. And if you appeal the ruling, it goes to the 11th Circuit Court of Appeals, of which 6 of the 11 judges were appointed by Traitor Tot.
From where I’m sitting, it’s really a no-brainer call. The DOJ has no possible choice but to appeal the ruling, save one which I’ll cover later, for a very simple reason. As NHL legend Wayne Gretzky once said, I guarantee you that you’ll miss 100% of the shots that you never take. If you don’t file an appeal, you can’t win an appeal. But there are three simpler, more practical reasons for the DOJ to have hope in filing an appeal.
Dirst, O’Donnell paid great lip service the fact that Trump appointed 6 of the 11 judges on the 11th Circuit Court of Appeals. But anybody who follows politics knows that federal judges are notoriously fickle once they’re sworn in. They say what they need to in order to pass the Senate, and once they’re sworn in, they do what they want.
Former President George HW Bush, after leaving the White House, often lamented that his greatest mistake was in nominating judge David Souter to the Supreme Court. Souter had impeccable conservative bona fides, and then turned into a swing vote once he attained the court. And don’t forget that there were several Trump appointed judges that derisively threw Trump post election cases out of court, including 2 that referred Trump lawyers to their state bar associations for possible sanctions for misconduct. Trump judges can be perfectly capable of being fickle as anybody else’s judges.
Second, O’Donnell made what I found a specious argument. He said that federal district judges want to become appellate judges. Appellate judges want to go on to better appellate positions, and marquis appellate judges want to go to the Supreme Court. And for Trump appointed Federalist Society judges, the quickest path up the ladder is to give Trump what he wants right now, if you get the chance, and hope he gets reelected in 2024.
Simple problem. That’s no guaranteed outcome. Trump is 76 years old, with chronic obesity and high cholesterol, which he does nothing but pop a pill to treat. Trump’s idea of a Stairmaster is to master the stairs by using one of those wall chair lifts. And as more and more national security threats by Trump are revealed, the less likely his reelection becomes. Backing a brain dead stupid Trump motion now could actually backfire if he doesn’t return to power, and get another SCOTUS pick.
But here’s the 3rd, and to my mind, most compelling reason. Appellate judges don’t live in a media bubble. There is nothing a federal district court judge hates more than having a decision overturned on appeal. And the appellate courts dread a SCOTUS overturn even more. Ever since her ruling, judge Cannon has had a mammoth load of shit dumped over her head by pretty much everybody with a law degree who has actually tried a case in court. Knowledgeable opinion is unanimous that it is an automatic over turn on appeal. Do appellate judges, even Trump appointed judges, want to follow in Cannon’s stupidity, and have the same bucket of shit dumped over their heads? Personally, I think not, especially when the Supreme Court has already slapped Trump down twice already.
And actually, Garland and the DOJ have an ace up their sleeve, as Cannon even admitted in her bullshit ruling. If the DOJ motions that the stolen documents are covered under the Presidential Records Act, then Cannon just becomes another loser Trombie. Because Presidential Records Act violations are automatically referred to the DC circuit court, which has the most experience. This would take not only judge ASS-Kisser out of the loop, but the 11th Circuit Court of Appeals as well.
The DOJ has 2 days left to determine and announce what they’re going to do in response to judge Cannon’s ruling. The obvious choice is to invoke the Presidential Records Act and move the damn thing to the DC circuit. Barring that, they have no choice but to appeal. If they don’t they totally lose control of the process. And ask yourself this, if you watch some idjit go over Niagara Falls in a barrel, and get fished out of the water 2 days later, would you still be likely to want to go over the falls in a bigger, better barrel! Yeah, me neither. Don’t touch that dial.
I The DOJ needs to criminally charge Trump with one crime now,they stopped the investigation, however who knows what’s already on the table for indictment that Trump clearly violated the law.You can’t argue what is red handed evidence, special counsel might be a favorable spie or a assistant for Donald Trumps defense.They are opening doors for more exposure of the United States Secret Data. How do you trust a third party,and that party must come from the Bidens administration, because Trump are no longer president, what they are doing is opening doors for Trump to finish his outside dirty work,and gain more knowledge to prolong his threats to American Citizens.The participants in Trump’s administration or associates are being threatened by Trumpets and Trump to do the Right thing ,which are the Wrong things. Face it DOJ book the the former president or lose Security and all the associates allies of the United States,it will weaken America into a endless WAR. Be careful,we have National Guards for any commanded outburst to over throw our Nation.We must enforced our rules,laws, amendment and constitutional laws no matter who you are.We need Dignity in America! ” MEN AND WOMEN OF POWER” against violence Founder Bruce Booman Haynes of Tampa Florida Thank you God Is Great 👍
Yes, we must enforce our laws. Of course you’ve seen how well they are enforced against the affluent. You’re very correct. I’m very realistic.
I wish A.G. Garland would just charge the guy.
your reminder that Reality Winner took one document and spent four years in prison. one document. four years. no negotiations.
and before she was even charged she spend one year in prison!
Equal treatment under the law? Thank you orange Hitler for exposing this 240 year old LIE. Anyone who believes otherwise should go buy a red hat.
Why only the 11th appellate court? Can’t this also go to the D.C. federal court? I trust the 11th about as much as I trust the boob in FL who pulled this decision out of her ass.
Just saw the last bit of your article. My bad.
If it’an APPEAL, it goes to te 11th ciecuit based on the FL filing location…If the DOJ claims the Presidential Records Act, then they can ask the DC Circuit to take the case…
Judge Loose Cannon actually opened the door to that very possibility in her opinion. She cited the Presidential Records Act (or perhaps mis-cited might be more accurate) to help support her (lack of) legal reasoning and by making it part of the actual opinion there is every legal justification to transfer the whole thing to the DC Circuit which by law would control matters pertaining to the Presidential Records Act. Hell, given the shit she was taking from all sides prior to her opinion (from MAGA world “you’d better side with Trump!”, and from sane America and the lion’s share of the legal community “Why is this even a question – deny Trump’s obvious delay tactic because there’s NO legal basis for it”) she might have hoped for exactly that outcome. Kind of an “oops” moment in her semi-hastily written opinion or an “accidently on purpose” type of “mistake” a lawyer who wants to throw a case for a p.o.s. client in court makes by opening a door that the opposing counsel can walk right through on cross examination. I truly don’t think her Federalist Society handler(s) wanted her to rule the way she did. And told her so. If that’s true then it’s plausible she (and she is still young, barely forty) wants out of the mess she created by accepting the case in the first place instead of referring it back to the Federal Magistrate who issued the Search Warrant, or even after opening briefs issued an order stating that since aside from National Security considerations the Presidential Records Act was controlling the case should be moved to the DC Circuit. A day or two of Trumpian bat-shittery and we’d have forgotten her name by now. But SHE has teed this whole thing up for it to be transferred to the DC Circuit and I wouldn’t be the least bit surprised if, should the DOJ appeal it immediately gets transferred. Yes, it’s a conservative Circuit and loaded with Trump appointees but FL has plenty of its own shit going down and the midterms could reshape the place, as well as DC. Democrats are already highly motivated, and having this in the news in the next couple of months, Trump appointees protecting Trump who is stomping all over the election is the last thing they and the GOP everywhere else needs. The sooner it’s over the better for them, and it’s clear to all but the organge Kool-Aid chuggers there needs to be daylight between Trump and the rest of the GOP right now.