Judge Cannon had an opportunity to do the right thing. She did not. (via MaddowBlog)
At the heart of the criticisms was a debate over executive privilege and the idea that a former president could block the executive branch from reviewing and using its own materials. On this point, Cannon’s ruling from last weekThe Justice Department, however, gave the judge a convenient way out: Prosecutors asked that when Cannon made a decision about the special master, she could also take the opportunity to narrow the scope of the arbiter’s purview, limiting it to attorney-client privilege.
As for federal law enforcement’s desire to use the materials it already has, the judge seemed eager to try and thread an unnecessary needle. From the NBC News report: Cannon on Thursday ... insisted that her order didn’t restrict the government from continuing to review the seized materials for intelligence classification and national security assessments or from briefing members of Congress.
Cannon did agree that Team Trump would have to pay for the special master’s work — the Republican had asked that the costs be split — though the expenses are expected to be modest, so this wasn’t much of a defeat. It’s unlikely, however, that her decision will be the final word on the subject: The Justice Department said in a court filing last week that it would appeal Cannon’s Labor Day order to the 11th U.S. Circuit Court of Appeals. Whether that appeal will succeed is an open question: Republican-appointed judges are in the majority at the 11th Circuit.
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