Everyone please take a deep breath and relax. The Cannon ruling led everyone into the weeds where they got lost. Leave the weeds NOW.
The big picture is still good: there are multiple investigations going on. The stolen papers case is but one of many and it may be getting back on track after DOJ filed its notice of appeal.
As Dan Rather used to say at the end of his broadcast: COURAGE.
A word about judges:
- There have always been bad judges.
- There have always been stupid judges.
- There have always been corrupt judges.
Judge Cannon seems to be at least 2 of the 3. It is fair to call *her* a “Trump judge” as long as we don’t assume that means that Team Trump will win every round from now on.
- 29 Republican judicial appointees were among those who rejected the BIG LIE cases.
- The Supreme Court voted 8-1 to reject Trump’s specious executive privilege claims. The Trump appointees voted with the majority.
- Nearly all appellate court appointees were judges before being elevated. They’re veterans, Judge Cannon is a rookie.
There is an excellent chance that the 11th Circuit will reject the Cannon ruling if it gets that far. Her legal reasoning is that shoddy. Appellate court judges care what the legal profession thinks about them. Cannon is a laughingstock. Do they want to be seen as useless hacks by their colleagues, especially in a case involving national security?
The DOJ has asked Judge Cannon to reconsider part of her ruling. Judges hate being told they’re wrong, but they hate being reversed by a higher court even more.
The Justice Department asked a federal judge on Thursday to revisit her decision to temporarily stop prosecutors from gaining access to classified documents seized from former President Donald J. Trump’s Florida home, arguing that her ruling has already hindered the government’s effort to determine whether national security had been compromised.
National security is the key to this case. DOJ has given Cannon the chance to beat a tactical retreat on part of the ruling. If she has any sense, she’ll accept the invitation. Stay tuned.
It’s time for a pep talk. Fighting fascism takes stamina and fortitude. Some of the people who talk the toughest get wobbly when things go wrong.
The last word goes to Bruce Springsteen: