10 thoughts on “Our history of independent jurisprudence

  1. Mrs. Fix-it says:

    The Justice Department on Thursday appealed a court-ordered special master review of the materials seized by the FBI at Mar-a-Lago — including more than 100 classified documents — as it argued the order was putting US national security at risk.
    The government has halted the intelligence community’s risk assessment of classified documents it obtained during last month’s search of former President Donald Trump’s home and resort.
    In addition to its appeal, the Justice Department asked US District Judge Aileen Cannon, the Trump appointee who ordered the special master, to let it continue the review of documents being done for the FBI’s criminal probe — a review the judge put on hold. The prosecutors argued that the criminal probe could not be decoupled from the intelligence community’s review. https://www.cnn.com/2022/09/08/politics/mar-a-lago-special-master-justice-department/index.html
    “…Judge Cannon took several steps that specialists said were vulnerable to being overturned if the government files an appeal, as most agreed was likely. Any appeal would be heard by the Court of Appeals for the 11th Circuit in Atlanta, where Mr. Trump appointed six of its 11 active judges.” https://www.nytimes.com/2022/09/05/us/trump-special-master-aileen-cannon.html

    • Har-de-har says:

      …and if the Justice Department loses in Atlanta, it could appeal to the Supreme Court, where three Justices appointed by Trump are part of the five-member conservative majority that rules the roost.

  2. Judge Dread says:

    (9/15/22): 3 takeaways from that Trump judge’s latest order in the Mar-a-Lago case : Judge Aileen Cannon’s latest order shows a disregard for established law. https://www.vox.com/policy-and-politics/2022/9/15/23355813/trump-judge-aileen-cannon-special-master-order-justice-department
    “…As the Supreme Court held in Department of the Navy v. Egan (1988), “For ‘reasons . . . too obvious to call for enlarged discussion,’” determinations about who should be allowed to see classified documents “must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.”

    • Update says:

      (9/16/22): 4 key points from Judge Cannon’s latest controversial Trump decision https://www.washingtonpost.com/politics/2022/09/16/cannon-special-master-dearie-ruling/
      For the second time in two weeks, a federal judge nominated to the bench by President Donald Trump has issued a ruling in Trump’s favor that has flabbergasted many legal experts [4 key points follow].
      Also:
      “George Conway perfectly summed up Judge Cannon’s ruling: a crock of shit. This judge is so out of her league. George is correct is saying what he has never said publicly: she should not be on a federal bench! This is the work of Leo Leonard, and Mitchell McConnell!” John W. Dean, former Nixon White House Counsel

  3. 4therecord says:

    “Legal experts raised questions about how Trump-appointed U.S. District Judge Aileen Cannon wound up overseeing his dispute over government documents seized from Mar-a-Lago after an investigation by The Daily Beast.”
    https://www.salon.com/2022/10/18/i-find-it-bizarre-experts-think-its-fishy-how-aileen-cannon-landed-mar-a-lago-case/
    “Cannon, who was confirmed days after former President Donald Trump’s election loss, has frequently raised questions from legal experts after repeatedly siding with Trump in the case. She appointed a special master in response to a request from Trump, barred the Justice Department from investigating documents marked classified and later overruled the special master she chose from Trump’s proposed list when he pressed the former president’s legal team to provide evidence of his claims that the documents may have been “planted” or “declassified.” An appeals court later overturned her order blocking the probe, agreeing with the DOJ that she abused her authority. The Supreme Court declined to intervene after an emergency request from Trump and some legal scholars now expect the entire special master order to be struck down after an appeal from the DOJ.
    The Daily Beast’s Jose Pagliery notes that some “incredible coincidences” led to Cannon getting the case in the first place.” [see links]

  4. Short Circuit says:

    “Three judges appointed by former President Donald Trump handed down an astonishing decision on Wednesday, effectively holding that the Consumer Financial Protection Bureau, the federal agency charged with protecting consumers from a wide range of predatory activity by lenders and other financial services, is unconstitutional and must be stripped of its authority.
    The decision by the conservative United States Court of Appeals for the Fifth Circuit relies on a novel reading of an obscure provision of the Constitution, and is entirely at odds with a Supreme Court decision that rejects the Fifth Circuit’s reading of that provision. This is not unusual behavior from the Fifth Circuit, which often reads the Constitution in novel and unexpected ways that benefit political conservatives and the Republican Party.” https://www.vox.com/policy-and-politics/2022/10/20/23414311/cfpb-unconstitutional-fifth-circuit-supreme-court-trump-community-financial

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