The spectacle of Judge Cannon acceding to former President Trump’s request for a special master with what has been labeled, on both the right and the left, as ludicrous legal reasoning has been a bit horrifying, but I didn’t notice this part here, of course, until Professor Richardson brought it to my attention:
Cannon’s order appears to have been intended to send a message. Bloomberg News legal and political reporter Zoe Tillman said today that seven senior officials who served in Republican administrations, including two former governors, a former attorney general, a former acting attorney general, and a former deputy attorney general, asked to send in a “friend of the court” brief in opposition to Trump’s request. Cannon denied their request, saying the court “appreciates the movants’ willingness to participate in this matter but does not find…[it]…warranted.”
Millhiser asked: “Why would a judge do this unless they are trying to advertise the fact that they are not open to opposing arguments? Just accept the…brief and then don’t read it if you don’t want to make a public spectacle out of not caring what anyone says.” Los Angeles Times legal affairs columnist Harry Litman said he didn’t think he’d ever seen a court reject a friend of the court brief before. [Letters from an American]
But I wonder if Judge Cannon is aware she’s speeding towards a cliff. The Senate, upon impeachment by the House, with a 2/3s majority, may remove any Article III judge it chooses. The judge need neither break rules nor laws; it’s entirely in the judgement of Congress.
If the Democrats were to pick up 16 seats in November, then on January 3rd, Congress’ next Inauguration Day, Judge Cannon could become former Judge Cannon, bounced out on her ear. And don’t get worked up over how unlikely it is that sixteen Republicans will lose.
Because, more importantly than whether this occurs, this has the potential to be the unstoppable nail in the coffin for the Republicans for this election, and possibly the end of the MAGA cult’s influence in American life.
Why? Because of this:
Material on foreign nation’s nuclear capabilities seized at Trump’s Mar-a-Lago. [WaPo]
This is a national security issue. This disclosure of finding a top secret document concerning the nuclear capabilities of another nation in the Mar-a-Lago investigation has transformed this into a Rosenbergs-type situation. If you’re not familiar, the Rosenbergs gave American nuclear secrets, among other military secrets, to the Soviet Union, and were executed for their troubles.
Purely a metaphor.
If critical military and national defense secrets were transferred to other nations by Trump, then every politician considered his ally will be tainted. Some of those in Jovian, or greater, orbits may be able to disassociate themselves, but close orbit, i.e. Venusian or closer, allies such as Senators Johnson, Rubio, Scott, Paul, and those who did not vote to convict Trump in either of his trials, will be at risk of the ruination of their political career. In the House the usual names apply, even those who are no longer members: Jordan, Greene, Gaetz, Boebert, Gohmert, Gosar, Cawthorn are just some of the names that come to mind.
I think, with proper Democratic messaging, even “safe” Republican seats in both the Senate and the House are now at risk. Every Republican defending the former President at this late stage, such as Rubio’s “Oh, it’s just a storage issue” defense, may be facing the demise of their political career. We may see a few commit suicide. Not political suicide, but existential suicide.
That’s the enormity of Judge Cannon’s decisions.
So the actions of Judge Cannon so far are a disaster for the MAGA Republicans. Senator McConnell (R-KY), the leading non-MAGA Republican, may be morbidly chuckling as his rival Trump appears to be self-immolating, but he’s now looking at a permanent position as Minority Leader, and make no mistake: the actions of “Moscow” Mitch McConnell have lead to these contretemps.
I don’t seriously believe Judge Cannon will be impeached. However, she may reverse herself in the near future, depending on the magnitude of her loyalty to Trump vs her love of prestige and position, even as damaged as it is, and will be through her association with Trump.
