Even as the judge’s latest moves show she’s carefully disguising her advocacy for Trump, he is making it clear that he expects her to save him.

When Judge Aileen Cannon handed down her latest ruling in the prosecution of Donald Trump for stealing classified documents, many legal observers immediately understood the shady gamesmanship lurking behind it. She did, technically, rule against Trump by refusing to dismiss the case—but actually made it easier for herself to kill the case later, or to steer a jury toward an acquittal.

Trump’s lawyers had argued that the Presidential Records Act, which was passed in the wake of the Watergate scandal, allowed him to reclassify national security documents as his personal property. That’s a grotesque misreading of the law’s history and intent, and Cannon appeared to agree, declaring that the PRA “does not provide a pre-trial basis to dismiss” the case. The media reported this as a partial “win” for special counsel Jack Smith’s prosecution team.

But as constitutional scholar Laurence Tribe put it, this was a “pretend” ruling against Trump that ended up “reserving” Cannon’s ability to decide the case for Trump in a way that cannot be appealed. In short, Cannon seems to recognize that as she moves toward that endgame, it’s essential to maintain plausible deniability throughout.

“Judge Cannon is being canny in her Trump-protective approach,” Lee Kovarsky, a law professor at the University of Texas at Austin, told me.

  • Tower@lemm.ee
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    7 months ago

    Cannon isn’t exactly one of the great legal minds of our time. I wonder if we will eventually find out Heritage Foundation or something similar is covertly coaching her through each stage.

  • Nightwingdragon@lemmy.world
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    7 months ago

    Jack Smith’s refusal to demand her recusal months ago is going to prove to be a fatal mistake in this case.

    • rayyy@lemmy.world
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      7 months ago

      I live in a very red rural area. The folks here reinforce misinformation propaganda and shut down anyone who dares not toe the MAGA line. They do not understand at all that they are living under a democracy. They might be uneducated and misinformed but they vote!
      Get out the vote too. Volunteer. Donate. All hands on deck.

  • maculata
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    7 months ago

    Surely nominative determinism means that she will be shot out of, or by a cannon.

    ?