The Right-Cheek Ass Clown for September, 2022

There are times (most of the time, actually) when it's very difficult to select just the right recipient for this award, and there are times when it just writes itself. This is one of those latter times.

Ladies and Gentlemen, Dear Readers, we present the award for

The Right-Cheek Ass Clown for September, 2022

to

Judge Aileen Cannon

As part of his noisy and relentless campaign to avoid prosecution for stealing highly classified documents and storing them at Mar-a-Lago in highly insecure spaces, Der Furor sought out a sympathetic judge in an attempt to secure appointment of a "special master" to review material seized by the FBI and determine whether any of it was subject to "attorney-client-privilege" or "executive privilege." His request was filed in the jurisdiction of Judge Cannon, a deeply conservative judge he had himself appointed to the bench AFTER losing the 2020 election, rather than with the judge who had approved the initial search warrant.

Judge Cannon, in a written decision described by legal scholars as "deeply problematic," essentially allowed Der Furor to attempt to decide what evidence could be used to prosecute him. Neal Katyal, an attorney and former acting Solicitor General, opined that "any of my first year law students would have written a better opinion." Attorney Seth Abrahamson tweeted that "Trump appointee Aileen Cannon declared—and not just implicitly, but, horrifyingly, *explicitly*—that Donald Trump's reputation simply *matters* more than yours or mine, as do his property rights. And they matter more because he is a powerful man." Even William Barr*, who as Attorney General was a major protector and enabler of Der Furor, described Judge Cannon's decision as "deeply flawed in a number of ways."

In addition, and in an unprecedented move, Judge Cannon refused to accept an amicus curiae brief submitted by a group of former Republican officials which opposed her appointment of a special master. Her one-sentence order dismissed the amicus brief out of hand, saying simply, "Upon review of the Motion, the Court appreciates the movants’ willingness to participate in this matter but does not find the proposed appointment of amici curiae to be warranted." When a group of six attorneys offered motions to support the rejected amicus brief, Judge Cannon rejected that, too, saying, "In light of the Court’s ruling on the Motion for Leave to File Brief as Amici Curiae,” these Motions to Appear Pro Hac Vice are denied."

It's clear that this is a judge who is protecting Der Furor and does not want to hear any arguments against her ruling. Nevertheless, the Justice Department - as expected and, as one tongue-in-cheek commenter noted, “writing with a large crayon” - filed an appeal for a partial pause of the order, carefully explaining to the judge why Der Furor has no legal rationale to substantiate any claim to classified materials he was holding illegally.

While some attorneys and commentators, such as legal authority Jonathan Turley, agreed with Judge Cannon's decision, believing it would "reassure the public" that the proceedings against Der Furor were fair and above board, most derided it, describing it as an obvious case of a wealthy and powerful person shopping for the right judge to obtain a legal outcome that would be denied to any other citizen.

Judge Cannon's blatant gift to Der Furor proves the value of the GOP's long campaign to stack federal and state judiciaries with reliably conservative judges. And if the Government further appeals Judge Cannon's decision - as it should - the case will be heard by the Court of Appeals for the 11th Circuit in Atlanta ... where Der Furor appointed six of its 11 active judges.

Ladies and Gentlemen, Dear Readers, the Right Cheek Ass Clown for September, 2022, is Judge Aileen Cannon, whose flawed and one-sided decision abets a campaign by a dangerous demagogue to undermine public confidence in the law and to avoid having to answer for crimes for which any other citizen would have long since gone to prison. She deserves the full censure of the legal community and the opprobrium of all citizens who believe in the quaint concept of "equal justice under law."

Have a good day. More thoughts tomorrow, when Cartoon Saturday delivers some badly-needed laughs. See you then.

Bilbo

* Mr. Barr is, himself, a six-time winner of this award - four times on his own and another two shared with other recipients.