Judge Aileen Cannon dealt the Department of Justice a fatal blow by rejecting their request for a stay and appointing a special master in the case involving the FBI's raid on Donald Trump, as RedState reported. In addition to bringing in a ringer who served as special master in the Michael Cohen and Project Veritas cases, the DOJ tried to omit information they believed to be classified.
Instead, U.S. District Judge Raymond Dearie will examine all of the records. Because he is the same judge who approved the warrant for Carter Page, that name raised some eyebrows. The FBI fabricated the warrant, which Judge Dearie couldn't have known, but a judge can only work with what he has, so there is an expectation that he would do his duties as special master in this case impartially.
Nevertheless, when I read Judge Cannon's ruling, there was one key passage that perfectly captured the sentiment of a large portion of the right.
One of the peculiarities of our legal system is the notion that the rules need to be altered just because the government demands it, particularly under the present DOJ administration (which alternates between figureheads but dates back to many administrations). A court and special master shouldn't have access to material that the DOJ doesn't want them to know, according to the legislative power of classification, but where does this suggestion appear?
Hell yea Judge Cannon pic.twitter.com/UO5ey2bTHH
— Julie Kelly 🇺🇸 (@julie_kelly2) September 16, 2022
Here is an example of the kind of concerns that surfaced after Judge Cannon's appointment of Judge Dearie, coming from none other than Mr. Watergate himself.
So Trump is suddenly a “King temporarily out of power?”because the DOJ is not given ultimate control over legal proceedings? That's a fascinating claim, yet it's also completely illogical. Judge Cannon is not at Biden's Department of Justice's mercy, and as she states in the line I highlighted, the DOJ is also not entitled to unwarranted faith just because they claim to be such.
What is next in the MAL case? Cannon appointed Judge Dearie special master. Both Trump and DOJ agreed to him. DOJ must decide if it will appeal? Difficult call. We will know in 24 hours! Judge Cannon is treating Trump like a King temporarily out of power. It is disgusting!
— John W. Dean (@JohnWDean) September 16, 2022
Given the evidence of the politicisation of this and previous instances, it is particularly absurd to demand that Trump accept the DOJ's word on privileged information in this situation. Overclassification has long been a standard practise in government to avoid humiliation. Letting a professional master examine the paperwork to make sure everything is being handled correctly carries no risk. The DOJ would only get unhappy if they had anything to conceal.
It's encouraging to see a judge defy accepted wisdom in this situation. Enough with the complex, two-tiered legal system. In both criminal and civil cases, everybody should be treated equally, and the DOJ shouldn't get any preferential treatment. Respect the law and give them the job. Anyone who complains about it, even members of the mainstream media, is just exposing themselves.
The preceding is a summary of an article that originally appeared on Red State.