Do take a moment to read Josh Kovensky’s report here on Judge Cannon’s latest order. It’s hard to capture just how unheard of and close to unprecedented this is. Trump literally asked for this particular judge to be the special master. Now only a couple weeks after his appointment she is jumping in and just overruling him in the most transparently one-sided ways. It’s really not too much to say that she’s essentially acting as Trump’s defense counsel — which is good I guess since he’s had a hard time holding on to them.
Special masters do work on behalf of the judge. At the end of the process he can make recommendations and she can simply not take them. So she is not acting beyond her authority in the narrow sense. But the point of the exercise is to have a respected outside party review evidence and make recommendations to the judge. By jumping in and overruling entirely reasonable and unremarkable decisions about how the review will be conducted she’s removing whatever pretense was left that she is there to oversee the case under the law as opposed to protect Trump. It’s not the worst of her orders in this ruling. Others are much worse on substance. But Special Master Dearie said he needed x amount of time to conduct the review. She jumps in and says, no actually you need to until past the election.
It’s all very transparent. But here we are. Read it.
