September 8, 2022
Every legal expert agrees Judge Cannon’s order favoring Trump is at best untethered from the law and at worst a legal parody written solely and unethically to stall the DOJ criminal investigation of Donald Trump (who before he left office appointed Judge Cannon to the federal bench). Among other judicial blunders, Judge Cannon prohibited the DOJ from reviewing and using the seized classified documents in the DOJ criminal investigation of Donald Trump. This portion of the order not only directly halted the DOJ and FBI criminal and national security risk investigations of the documents, it effectively cut the legs out from under the national security risk investigations of the entire intelligence community, including the CIA and the NSA, as these other intelligence agencies require the domestic jurisdiction of the FBI to carry out their own investigations. In other words, the FBI is a critical part of the intelligence community and barring the FBI from its investigation stops all other members of the intelligence community from their investigative functions creating an immediate and severe threat to national security, especially given new revelations that some of the seized documents contain information about nuclear capability. A second egregious failing of Judge Cannon’s order is that it gives the special master authority to determine if any of the seized documents are subject to executive privilege held by Donald Trump. As all legal experts agree, this is an absurd proposition for a number of reasons, most notably Joe Biden, as president of the United States, and not Donald Trump, no longer a president, holds the executive privilege, which he has waived in this matter. Further, the DOJ itself is a branch of the executive. Allowing Donald Trump to assert executive privilege against a branch of the executive is a singularly obtuse, ignorant, and misguided judicial directive.
As indicated in its motion, the DOJ is absolutely unwilling to accept such a misguided and even dangerous order by the inexperienced Trump appointed Judge Cannon. The DOJ in its motion, as if conducting a kindergarten class, repeatedly explains Judge Cannon’s errors to her. Additionally, in a brilliant strategic move, the DOJ gives Judge Cannon the opportunity to correct her errors in a second order and in so doing to avoid an appeal, which the DOJ gave notice it would file, which would almost certainly result in an embarrassing reversal for Judge Cannon, even in the Trump judge dominated Eleventh Circuit Court of Appeals.
The DOJ’s “Motion For a Partial Stay Pending Appeal” can be viewed in the online reader below or viewed in a larger format by clicking on the link “DOJ Motion For Stay Pending Appeal” below the online reader. Clicking the “Download” button allows the full text of the document to be downloaded to your device. You can also share this post on Twitter and Facebook.
The DOJ’s “Notice Of Appeal,” filed with the DOJ’ motion for a partial stay pending appeal can be viewed in the online reader below or viewed in a larger format by clicking on the link “DOJ Notice Of Appeal” below the online reader. Clicking the “Download” button allows the full text of the document to be downloaded to your device. You can also share this post on Twitter and Facebook.
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