To what should be the surprise of exactly no one Trump’s favorite federal judge and SCOTUS wannabe District Judge Cannon issued an order permanently banning the release of Special Counsel Jack Smith’s report regarding Trump’s stealing of classified documents. The only question now is whether the plaintiffs will appeal to the 4th Circuit which has slapped her down before. We can only hope that in the meantime Bondi doesn’t ‘accidently on purpose’ destroy the thing.
Again, we all knew this was coming. Frankly I’m surprised it took so long. Clearly, the appellate court already had cause to step in and has dragged its feet on the Florida case. It’s Chief judge David Pryor is too old to be nominated if Scalia retires (rumors abound) but perhaps one of his young colleagues might get the nod. That as much as anything would explain why they haven’t ruled on another appeal. Still, this is big. It was a simple and STRONG case Smith built against Trump and if any Democratically appointed judge had shown the kind of bias towards a Democratic President that Cannon displayed for Trump that judge would have been impeached. And convicted. Then disbarred.
Alas, this is Trump’s GOP and if the courts including as of last week SCOTUS have shown some pushback against Trump it isn’t enough. And, as The Independent reports there was no immediate statement from the Plaintiffs in the lawsuit to release the Florida portion of Smith’s report to appeal even if they do don’t get you hopes up. As I said earlier the 4th Circuit had ample opportunity to slap Cannon down a third time while month after month went by without a peep from them. Then again, if Trump tees off on SCOTUS with them (or some of them) sitting right there in front of him tomorrow night it might get more lower court judges to grow, and more importantly show some spine.
Cannon for her part went the extra mile for Trump. Her order not only prevents Bondi from releasing the report but seems crafted to prevent a future administration from doing so:
Cannon’s order, however, blocking the release also applies to Bondi’s successors at the Justice Department. Cannon, who in 2024 dismissed the case after concluding that Smith was unlawfully appointed after multiple other favorable rulings for Trump, said the release of the report would present a “manifest injustice” to the president and his two co-defendants.
Well, I’m not a lawyer but I’ll sure want to pay attention if this comes up on news shows where actual lawyers weigh in. I’m pretty sure a future, Democratic administration would have an AG and local U.S. Attorney file a motion challenging Cannon’s ruling. However that’s three long years away from even being possible. Keep in mind Trump stole and didn’t do much to protect (from prying eyes of foreign agents) highly classified materials. There are National Security issues at stake which is why Cannon should have already been impeached for tanking the case. So it looks like the plaintiffs have a decision to make and from where I sit they should get on with it right away:
A First Amendment group and watchdog organization that have been pressing for the report’s release could presumably continue to fight in higher courts for it become public.
“Judge Cannon’s decision to permanently block the release of this extraordinarily significant report is impossible to square with the First Amendment and the common law,” said Scott Wilkens, senior counsel at The Knight First Amendment Institute at Columbia University, one of the groups pushing for the public release of the report. “There is no legitimate basis for its continued suppression.”
The only reason half of Smith’s report (the DC case) was released was Garland did so before Trump took office. The District judge and the DC appellate court weren’t about to block it. Cannon however is down in Florida and her number one mission has been to protect her Traitorous Trumpty-Dumpty. She made up a crazy-assed theory with no basis in law and precedent to block the Florida portion of Smith’s report from being made public. Yes, we already know the basics of what Trump did and that Smith had cold. Even in Florida and with Cannon throwing down every roadblock she could Trump would likely have been convicted. Still, it would be instructive to know details that haven’t yet been made public.
Now we’ll have to wait. Possibly for years. Because of Cannon’s disgraceful protection of Trump the full measure of what OTHER Republicans who’ve enabled him can’t be fully aired. There’s no way in hell they want the gory details of what Trump did to taint THEM for helping him get away with it! That’s why I say the plaintiffs that filed the motion before Cannon to allow the reports release shouldn’t waste any time tossing this up to the 4th Circuit. Public pressure would be on any young judge Pryor might quietly recommend for a slot on SCOTUS if a seat opens up. Maybe that realization will sink in, and while they might wait until after the midterms the 4th Circuit will take Loose Cannon to the judicial woodshed again.
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It’ salutary to compare the UK Justice System and it’s treatment of Mandelson and Andrew, and the US ‘Justice System’ and it’s treatment of Trump et al.