Tuesday, July 16, 2024

Judge Cannon goes another step too far

 https://www.washingtonpost.com/opinions/2024/07/15/trump-documents-cannon-dismiss-case/

The courts have blessed the tradition, pointing to the 19th-century statute that authorizes the attorney general to “appoint officials … to detect and prosecute crimes against the United States.” The Supreme Court cited the code in U.S. v. Nixon after Watergate; the U.S. Court of Appeals for the District of Columbia Circuit confirmed the same thinking in a case about the Iran-contra independent counsel; the D.C. Circuit said in 2019, pursuant to the appointment of Robert S. Mueller III, that “binding precedent” settled the debate. Judge Cannon, meanwhile, looked not to precedent at all. Her only reference was Justice Clarence Thomas’s recent concurring opinion in a Trump immunity case — in which no other justice joined.

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