Every person with any legal training knew that Aileen Cannon’s staunchly loyal, batshit ruling the other day, enjoining the Department of Justice from conducting its criminal investigation into evidence seized during a legal search of Mar-a-Lago, was unsupported by any evidence, was literally arbitrary and capricious and an abuse of discretion.
A three-judge panel at the 11th Circuit Court of Appeals agreed with all the other reasonable legal minds who have looked over this strictly MAGA decision. They wrote, unanimously:
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The NY Times reported that F POTUS maintains his alternative view of the facts:
… in an interview that aired late Wednesday, Mr. Trump made the extraordinary claim — not advanced by his own lawyers or supported by prior practice or legal precedent — that he had the right as president to declassify documents by wordlessly willing it to be so.
“You can declassify just by saying ‘it’s declassified,’ even by thinking about it,” Mr. Trump told Sean Hannity on Fox News.
The three judge panel had that canard covered:
Mr. Trump “suggests that he may have declassified these documents when he was president,” the appeals court wrote. “But the record contains no evidence that any of these records were declassified.”
The court went on to say, “In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal.”
Lawrence O’Donnell provides an excellent overview of the decision and what it means.