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Aileen Cannon
Choose Aileen Cannon is wilding out once more. This time she’s filed a ridiculously snotty ruling that grants Particular Counsel Jack Smith’s request whereas concurrently excoriating him for failing to coach her on the distinction between trial reveals and guarded discovery supplies.
How was she alleged to know that grand jury transcripts don’t go on the general public docket? She’s only a lowly federal decide with life tenure!
The kerfuffle started again in January when Trump filed a gonzo motion to compel in his stolen paperwork case. He demanded discovery from your complete govt department — kind of — on the speculation that everybody from the White Home Counsel to the pinnacle of the NSA have been a part of the prosecution’s “discovery group.” As with so many filings on this case, that movement stays pending. However Trump’s group tried to stay it to the prosecutors by requesting to place an unredacted model of the movement, together with the reveals, on the general public docket. And that is what kicked off this complete battle.
The federal government’s four-page response identified that Trump was searching for to reveal witness names, personally figuring out info, grand jury testimony, and early disclosures of Jencks Act materials, all of which have been lined by a protecting order. The particular counsel did not state the authorized normal for redacting protected discovery in a movement to compel — maybe as a result of he was (overly) assured {that a} federal decide could be accustomed to the usual in her personal Circuit, or maybe as a result of prosecutors are merely accustomed to unquestioning deference from the bench.
After an additional spherical of briefing, wherein Trump and the media intervenors claimed that the First Modification requires disclosure of discovery supplies, Choose Cannon applied the First Modification normal for sealing trial proof, not the decrease normal for protected discovery. At which level the particular counsel awoke from his nap and shouted “OH SHIT! SHE’S REALLY GONNA DO IT!” (Most likely, we’re guessing.)
In a motion for reconsideration, prosecutors lastly deigned to explain, as if to a legislation clerk on her first day in chambers, that discovery supplies should not the identical as trial reveals.
Each the First Modification and the frequent legislation grant the press and the general public a certified proper of entry to felony trial proceedings and sure judicial data. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980). However neither the First Modification nor the frequent legislation grants the press or the general public a proper to entry discovery supplies. Chicago Tribune Co., 263 F.3d at 1310-13; See Nickens, 809 F. App’x at 591.
So, no, Your Honor, the First Modification does not imply that you should permit the Defendant to place grand jury transcripts and witness names on the general public docket.
That was two complete months in the past, and whereas Choose Cannon was fascinated by it, one of many witnesses outed himself on CNN, relatively than anticipate the decide to do it for him. Which is a hell of a testomony to her trial administration abilities!
However final night time, the court docket lastly managed to get its homework turned in.
TL, DR: She did the best factor, principally. However first she abused the particular counsel for not explaining LAW to her.
“The Particular Counsel’s response didn’t object to the Press Coalition’s invocation of First Modification rules, didn’t meaningfully have interaction with any of the authorized requirements, and didn’t provide any further factual assist,” she snarked, including that “the arguments and proof superior within the Particular Counsel’s Movement might have, and will have, been raised in prior filings. Denial of the Movement could be applicable on that foundation.”
That final comes only a web page after she acknowledged that the supplies Trump seeks to reveal embrace grand jury testimony of an FBI Particular Agent and a Secret Service Agent, inner emails between members of the Secret Service, and inner Secret Service paperwork discussing safety protocols at Mar-a-Lago — all of which the federal government identified in its unique movement fall underneath the class of protected discovery which doesn’t turn out to be magically unprotected simply because the Defendant attaches it to certainly one of his eleventy-seven rubbish motions.
The decide repeatedly blamed the particular counsel for merely noting that the disputed paperwork contained grand jury materials and never occurring to clarify why it needs to be protected, however finally conceded that “essentially the most devoted utility of Supreme Courtroom and obtainable Eleventh Circuit authority is that Defendants’ MTC on this case just isn’t topic to a public proper of entry, whether or not constitutional or frequent legislation in nature, as a result of it’s a nonetheless, in the end, a discovery movement as distinct from a substantive pre-trial movement requiring judicial decision on the deserves.”
Ya assume?
After yelling some extra on the prosecutors, Choose Cannon agreed to redact witness identities, private figuring out info, and grand jury transcripts. She is letting in among the different witness statements and emails, with redactions — though that’s certain to set off a media frenzy to establish the events, doubtlessly turning these witnesses into targets for Trump’s howler monkey brigade. However as soon as once more she’s stepped again from the precipice and failed to present the particular counsel one thing concrete to take to the Eleventh Circuit.
On Bluesky, nationwide safety lawyer Kel McClanahan joked that it was “refreshing” to see a federal decide present “vulnerability” and admit that she wants assist with fundamental authorized rules.
“Most judges would bluff and bluster about how they’re federal fucking judges and naturally they perceive fundamental authorized precepts and the way dare you insinuate in any other case,” he laughed, “however she simply says, hey, I need assistance with these items.”
However, she’s in all probability not getting slapped down by the Circuit this time, so … nicely performed, Choose Cannon. You win once more.
US v. Trump [SDFL Docket via Court Listener]
Liz Dye lives in Baltimore the place she produces the Regulation and Chaos substack and podcast.
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