Judge Cannon Deftly Squashes DOJ Argument in Her Special Master Ruling

AP Photo/Ross D. Franklin

As RedState reported, Judge Aileen Cannon delivered a body blow to the Department of Justice, denying their request for a stay and appointing a special master in the case surrounding the FBI’s raid on Donald Trump. The DOJ had sought to exclude documents they deemed classified and to bring in a ringer who served as special master in the Michael Cohen and Project Veritas cases.


Instead, all the documents will be reviewed by U.S. District Judge Raymond Dearie. That name caused some consternation because he is the same judge that signed off on the Carter Page warrant. But a judge can only work with what he has, and the FBI falsified the warrant, something Judge Dearie couldn’t have known, so there’s an expectation that he’ll do his job as special master in this case without bias.

Regardless, reading through Judge Cannon’s decision, there was one money shot that just nailed the feelings of so many on the right.

One of the oddities of our justice system, especially under the current DOJ regime (which changes figureheads but stretches back for many presidents), is the idea that the rules should be different just because the government demands it. Where in the statutory authority of classification does it suggest that a judge and special master shouldn’t have access to information the DOJ doesn’t want them to have?


Here’s an example of the kind of complaints that went forth after Judge Cannon appointed Judge Dearie, and from who else except Mr. Watergate himself.

So not giving the DOJ absolute power in judicial proceedings now makes Trump a “King temporarily out of power?” That’s certainly an interesting assertion and just as ridiculous to boot. Judge Cannon is not at the mercy of Biden’s Department of Justice, and as she writes in that passage I highlighted, the DOJ is also not due undeserved trust just because they say so.

In this case, given the evidence of the politicization of this and other cases, the idea that Trump should be forced to just take the DOJ’s word for it on privileged material is nuts, especially. Overclassification to protect against embarrassment has been a staple of the government for a long time. There is zero risk in letting a special master review the documents to ensure everything is being handled properly. The only reason for the DOJ to get upset is if they have something to hide.


It’s refreshing to see a judge buck the conventional wisdom on this matter. Enough of the two-tiered, multi-faceted justice system. People should be treated equally in criminal and civil matters, and the DOJ should not be given special treatment. Follow the laws and let them do the work. Anyone complaining about that, including those in the mainstream media, are just exposing themselves for what they really are.



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