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'Special treatment': Experts blast judge's 'terrible ruling' denying DOJ's national security request

David Badash
and
The New Civil Rights Movement
15 September 2022

Federal District Judge Aileen Cannon Thursday evening rejected a national security-related motion, refusing the U.S. Dept. of Justice’s repeated requests to allow it access to the 100 or so classified documents it seized from Donald Trump at Mar-a-Lago on August 8.

Judge Cannon also announced Thursday the appointment of a “special master,” an independent third-party, that was requested by Donald Trump. It is unusual for a special master to be appointed in such cases and, legal experts say, before charges are filed. Cannon appointed Raymond J. Dearie, Senior United States District Judge for the Eastern District of New York, who the Trump camp requested and DOJ agreed to not object to, as the Associated Press reports.

Cannon, appointed by then-President Donald Trump and confirmed after the 2020 election, has been extensively criticized for what legal experts say are her flawed rulings inappropriately favoring Trump.

Her ruling Thursday again favored Trump, legal experts say, for no legal reason.

READ MORE: Newsom Urges Garland to Open RICO, Kidnapping Investigation Over ‘Inhumane’ Use of ‘Kids as Political Pawns’

“She says she is not entering a stay because she isn’t yet persuaded the documents are classified and/or not privileged. She implicitly seems to think Trump could have a possessory interest in formerly classified govt records,” Attorney Luppe B. Luppen says.

Constitutional law expert and retired Harvard Law law professor Laurence Tribe is accusing Judge Cannon of giving Trump “special treatment.”

Posting a link to her decision he writes: “Here’s Judge Cannon’s bid for permanent ignominy. She ends her denial of a stay by saying (in effect) former presidents are entitled to special treatment.”

Joyce Vance, the popular MSNBC legal analyst, law professor, and former U.S. Attorney says Judge Cannon’s decision is a “Terrible ruling.”

She says DOJ will appeal the ruling.

“Judge Cannon appoints a special master & refuses to lift the injunction prohibiting DOJ from using classified documents to further the criminal investigation, also impeding intelligence community review of the damage Trump has done. Next, 11th Circuit for appeal. Terrible ruling.”

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