The war between the DOJ and district judge Aileen Cannon is far from over. Cannon continues to insinuate herself into the special master process and, in the process, into the DOJ’s investigation. The 11th Circuit Court of Appeals has already overturned her order enjoining the DOJ from continuing its investigation, but she can’t seem to help running interference for Donald Trump. She overstepped her bounds when she appointed Judge Raymond Dearie as special master based in the absence of applicable law but denying the DOJ to continue its investigation led them to the Court of Appeals, which promptly slapped Cannon’s hand and allowed the DOJ to continue its work. Judge Cannon then overruled Judge Dearie, who compelled Trump’s team to put in writing Trump’s ridiculous claim that the FBI planted evidence when it searched his property. The claim was ludicrous on its face, and even though Trump’s attorney never made the claim, they are responsible for their client. If they cannot rein him in, Judge Dearie will. Once again, however, Cannon stepped in to cover for Trump, sending the DOJ back to the Court of Appeals.
The DOJ has asked for an expedited ruling on its latest motion. The gist of the DOJ’s appeal is Cannon’s ruling that Team Trump can feel free to ignore directives from the very special master she appointed. This makes no sense at all. Why appoint a special master if you think you know better than he does about how to proceed with his responsibilities? It is painfully obvious that Cannon could care less about proper rulings. Change.org has started a petition to have her impeached. While this petition may not go anywhere, the organization goal is to keep the spotlight on an incompetent jurist. They may not have to worry, since the matter has now gone back to the Court of Appeals. According to Politico, this filing is the DOJ’s show of frustration with Cannon. It doesn’t help that the Court of Appeals has already publicly rebuked Cannon for her non-legal based rulings, and former Deputy Assistant Attorney General Harry Litman tweeted: “If they win, it’s Goodnight, Aileen,” which means Cannon could well be removed from the case altogether, and she should be.
Cannon has made her erroneous rulings with no case law to back them up, as Trump’s attorneys haven’t presented any. In any other court of law, motions containing no legal support for their positions guarantee a ruling against the filing party. Instead, Cannon gives Trump’s team whatever they want, the law notwithstanding. Of course, all Trump is doing is what he does best: Delaying the inevitable, but in this instance, he is digging a deeper hole for himself. In fact, Neal Katyal, former U.S. Solicitor, told Jonathan Capehart on The Sunday Show that Trump is merely delaying an indictment, which is on the horizon. It certainly seems that Trump is running out of time and ideas, and if the DOJ prevails at the 11th Circuit again, it will likely be over for Trump. In the end, Trump’s delays won’t matter.
Shirley is a former entertainment writer and has worked in the legal field for over 25 years