Litman: The Mar-a-Lago judge's latest opinion is as atrocious as legal experts say it is

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Harry Litman
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“Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak

latimes.com

Column: The Mar-a-Lago judge's latest opinion is as atrocious as legal experts say it is
Federal Judge Aileen Cannon isn't just leaning in to support Donald Trump, she's falling all over him.
4:03 PM · Sep 16, 2022

https://www.latimes.com/opinion/story/2022-09-16/mar-a-lago-documents-judge-cannon-ruling

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https://archive.ph/FEXI0


Thursday’s 10-page opinion by U.S. District Court Judge Aileen Cannon denying the government’s motion for a stay in the Mar-a-Lago documents case is being savaged by commentators in terms normally reserved for grotesque transgressions of justice like the infamous Dred Scott Supreme Court decision.

Respected and generally sober legal analysts have called it an atrocity, “legally and practically incoherent,” “dangerous garbage,” and declared Cannon “a partisan hack.” “No honest and competent legal analyst could have ruled as she did,” tweeted Harvard Law’s Laurence Tribe.

Could the opinion really be that bad?

In a word, yes.

The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.

Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.

*snip*

[BigmanPigman]

1. I think it was Neal Katyal

who said today, "The appeal writes itself".

[Maraya1969]

2. She sounds like the new mini Barr.

[MagickMuffin]

3. I don't believe she is the actual author, I think the Federalists wrote these

Aileen Cannon must obey the men in her life. No thoughts and opinions of her own.

[dalton99a]

4. Dumb piece of shit judge is protecting her cult leader at all costs