I haven’t been following the docket, but this move was fairly predictable:
The reporting on this case has been . . . subpar.
Thursday’s ruling was the first clash between Cannon, a Trump appointee who has generally shown the former president deference in litigation over the Mar-a-Lago investigation, and Dearie, a federal judge she appointed as an outside expert in the case, who appears to be far more skeptical of Trump.
Cannon is not “showing deference,” she is making up sh*t as she goes along, and actively interfering with an ongoing criminal investigation. Judge Dearie is not “far more skeptical of Trump,” he’s actually doing his damn job, which entails being skeptical of lots of people, not just the congenital liars. The way this is written makes it seem all the decisions here have resulted from bias. While that is true as to Cannon, the more important dichotomy is “Rule of Law” (Dearie) vs. “The King can do no wrong” (Cannon).
Also, Dearie’s not an “outside expert,” like someone to help explain what makes a document confidential. A special master does the same things a judge does - call balls and strikes. Dearie can’t be expected to do his job if he doesn’t have any standards to go by. To make any decisions he needs to pin down as a factual matter what TFG is actually claiming, which is Judging 101 if you’re not a partisan hack. Her entire approach reeks of “let’s just delay this past midterms, the Eleventh Circuit won’t take the case away from me before then.”
ETA: Had a chance to review the order, had some more thoughts. It seems to me Cannon is reversing the burden of proof, and requiring DOJ to repeatedly attest to the accuracy of the Inventory, without requiring TFG to even state what he thinks is inaccurate. He’s the plaintiff, he’s got the burden of proof here.
I think she is deliberately misstating Dearie, whose order gave TFG a “final opportunity to raise any factual dispute” about the Inventory’s accuracy. Cannon says the order would require TFG " to lodge ex ante final objections to the accuracy of Defendant’s Inventory." “Raising” a dispute is preliminary, and not the same as stating your “final objections.” Maybe I’m misreading it.
Dearie’s order makes sense because TFG has to prove the DOJ showed “callous disregard” of his rights in order for Cannon to have any jurisdiction. Putting aside TFG’s attorneys never even alleged any “callous disregard” (as noted by the Eleventh Circuit), TFG himself has been spouting off about planting evidence, etc. If that were in any shape true, then yeah, I could see that as a “callous disregard” of his rights. Of course, everyone knows he would fail if held to his proof, and this case would have to be dismissed. Cannon has chosen to put her fingers in her ears and pretend she has jurisdiction until the Eleventh Circuit says otherwise.