October 7, 2022 / by emptywheel


After 37 Days, Raymond Dearie Ends the Harm Judge Aileen Cannon Deliberately Inflicted on Donald Trump

As I have written, by her own standards, Aileen Cannon deliberately inflicted harm on Donald Trump in order to justify her intervention in the Trump warrant. On September 5, she ruled that being deprived of his own documents would inflict harm.

being deprived of potentially significant personal documents [] creates a real harm

But on September 1, she refused the request by DOJ’s filter attorneys to return the Category B documents identified in the filter team status update, all the most obviously personal documents seized.

Cannon then pointed to those personal documents in the language justifying her intervention.

The second factor—whether the movant has an individual interest in and need for the seized property—weighs in favor of entertaining Plaintiff’s requests. According to the Privilege Review Team’s Report, the seized materials include medical documents, correspondence related to taxes, and accounting information [ECF No. 40-2; see also ECF No. 48 p. 18 (conceding that Plaintiff “may have a property interest in his personal effects”)].

All of those personal documents were Category B documents.

Cause the harm, then intervene to fix it.

Raymond Dearie has finally ameliorated the harm Judge Cannon was personally responsible for sustaining against Trump since September 1.

Since both sides agreed that DOJ can give back those Category B documents, he ordered DOJ to give back those originals.

The parties also agree that the original Filter B Materials should be returned to Plaintiff. Id. Accordingly, the Court directs the Privilege Review Team to release the original Filter B Materials to Plaintiff by October 10, 2022.

So by October 10, DOJ will finally be able to end the harm that Judge Cannon was sustaining. Altogether, Cannon will have been responsible for at least 37 out of 60 days harm done so far, and possibly as many as 40 days out of 63 days of harm total that she says was done to Donald Trump.

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Originally Posted @ https://www.emptywheel.net/2022/10/07/after-40-days-raymond-dearie-ends-the-harm-judge-aileen-cannon-deliberately-inflicted-on-donald-trump/