People who read this thread a lot will know I’ve been watching the Florida documents case very closely. While I’m not a lawyer and make no bones about that fact, I’m not sure there have been too many people matching my obsession for crawling court dockets and citing legal sources.
Despite that, this ruling from Cannon today is something I’m not sure anybody would have countenanced even a month ago - it has floored me with its brazenness. I noted Thomas’ concurring opinion in the immunity case. I also noted that not a single other justice on SCOTUS joined with him in his concurring opinion - not even Alito. That’s because it was totally off the rails, irrelevant musings that had no real basis within the boundaries of the immunity hearings.
Well the intention of his philosophical waxing has become abundantly clear today. Cannon cited his opinion numerous times in her order for dismissal. It is a dismissal, supported only by a SC justice’s opinion, but contradicted by hundreds of years of established legal precedent. There is simply no arguing with the black and white language in 28 USC §533:
The Attorney General may appoint officials-
(1) to detect and prosecute crimes against the United States;
(2) to assist in the protection of the person of the President; and
(3) to assist in the protection of the person of the Attorney General.
(4) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.
The AG has the unfettered right to appoint a Special Counsel. This ruling is insane.
But they know that. What is happening here is extremely transparent. Thomas with his random diatribe in an unrelated case has attempted to provide just enough cover for Cannon to survive a hearing to get her recused from the case. And she has used that cover to (finally after months of fucking around) put out a ruling which is simply unsustainable.
This will go to the 11th. It will get overturned. Cannon may or may not get removed if they deem Thomas’ opinion is enough of a justification for being wrong. Then once again it will go all the way to SCOTUS. And even if they aren’t quite crazy enough to ride roughshod over the power of the judiciary for the second time in a year, it doesn’t matter. Cannon has done her job and she’s wound down the clock. This case won’t be heard for years. If ever.
This man has stolen and withheld highly classified documents that could compromise national security (some of which still haven’t been recovered). These documents were found in his fucking bathroom. It is about as open and shut a case as you can get. And it is the kind of thing others have spent decades in prison for. But it now seems unlikely that he will ever face consequences for those actions.
