Cannon oversees the Trump papers case. Expect the unexpected.
The courthouse where District Judge Aileen Cannon is holding a hearing regarding former president Donald Trump, on May 22 in Fort Pierce, Fla. From the start of the investigation into Donald Trump’s mishandling of classified documents, U.S. District Judge Aileen M. Cannon has seemed inclined to act in favor of the president who appointed her.
This is the kind of Hail Mary motion that should have been dispatched quickly after Trump’s lawyers filed it in February. But that’s not the Cannon way. Instead — four months later, and more than a year after Trump was indicted — she is holding a day and a half of oral argument on the issue. She will be hearing not only from Trump and prosecutors but, unusually, also from outside parties contending for and against the legitimacy of the special counsel.
“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,”filed on behalf of Meese and Mukasey. “He has no more authority to represent the United States in this Court than Tom Brady, Lionel Messi, or Kanye West.”
Second, special counsels have been appointed for decades — see Archibald Cox in Watergate through Robert S. Mueller III in the Trump investigation.the Watergate tapes case, upholding the attorney general’s authority under §533 and other laws to delegate authority to the special prosecutor.to the authority of Lawrence E.
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