Even as the judge’s latest moves show she’s carefully disguising her advocacy for Trump, he is making it clear that he expects her to save him.
When Judge Aileen Cannon handed down her latest ruling in the prosecution of Donald Trump for stealing classified documents, many legal observers immediately understood the shady gamesmanship lurking behind it. She did, technically, rule against Trump by refusing to dismiss the case—but actually made it easier for herself to kill the case later, or to steer a jury toward an acquittal.
Trump’s lawyers had argued that the Presidential Records Act, which was passed in the wake of the Watergate scandal, allowed him to reclassify national security documents as his personal property. That’s a grotesque misreading of the law’s history and intent, and Cannon appeared to agree, declaring that the PRA “does not provide a pre-trial basis to dismiss” the case. The media reported this as a partial “win” for special counsel Jack Smith’s prosecution team.
But as constitutional scholar Laurence Tribe put it, this was a “pretend” ruling against Trump that ended up “reserving” Cannon’s ability to decide the case for Trump in a way that cannot be appealed. In short, Cannon seems to recognize that as she moves toward that endgame, it’s essential to maintain plausible deniability throughout.
“Judge Cannon is being canny in her Trump-protective approach,” Lee Kovarsky, a law professor at the University of Texas at Austin, told me.
trump isn’t accidentally doing anything at all, he said he could shoot someone in the middle of 5th avenue, he’s doing this all out in public, just like everything else, and daring the united states justice system to be able to do anything meaningful to him at all. this isn’t a gotcha, it’s a so fucking what. he doesn’t care. almost half the population of the united states is betting the other half can’t do a fucking thing about it, and so far, they’ve been right.
*won’t. Won’t do a thing about it.