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In a huge win for former President Donald Trump, Judge Aileen Cannon has denied the Department of Justice’s request for a partial stay in the case of the raid on his attorney’s office.
Judge Cannon also appointed Raymond Dearie as special master to oversee the review of the seized materials, which could take months.
This is a significant setback for the DOJ and new Attorney General Merrick Garland, who has been trying to distance himself from the Trump-era prosecutions.
It is not clear what will happen next in the case, but, likely, Trump’s attorneys will now try to get access to the seized materials as soon as possible.
The judge delivered a huge blow to Democrats: “The Court is not persuaded that the Government will suffer an irreparable injury without the requested stay.”
The judge continued: “Concerning the temporary enjoinment on criminal investigative use, the Government’s main argument is that such use is “inextricably intertwined” with its Security Assessments and therefore the enjoinment at issue necessarily poses a risk to national security interests.
“Lastly, the Court agrees with the Government that “the public is best served by evenhanded adherence to established principles of civil and criminal procedure,” regardless of the personal identity of the parties involved.
“It is also true, of course, that evenhanded procedure does not demand unquestioning trust in the determinations of the Department of Justice.
“Based on the nature of this action, the principles of equity require the Court to consider the specific context at issue, and that consideration is inherently impacted by the position formerly held by Plaintiff.
“The Court thus continues to endeavor to serve the public interest, the principles of civil and criminal procedure, and the principles of equity.
“And the Court remains firmly of the view that appointment of a special master to conduct a review of the seized materials, accompanied by a temporary injunction to avoid unwarranted use and disclosure of potentially privileged and/or personal materials, is fully consonant with the foregoing principles and with the need to ensure at least the appearance of fairness and integrity under unprecedented circumstances.
It is also a huge win for Trump, who has been fighting tooth and nail to keep the raided materials from being turned over to the government.
This decision could have major implications for the DOJ’s ongoing investigation into Trump and his associates. It is also a significant blow to Garland, who has been trying to distance himself from the controversial prosecutions of the previous administration.
In her decision, Judge Cannon rejected the DOJ’s argument that irreparable harm would result from the temporary injunction, stating that the government had “not met its burden” of showing that such harm would occur.
The ruling is a significant victory for the Trump administration, which has been seeking to expand the use of NSLs to investigate and prosecute crimes.
The ruling is also a blow to civil liberties groups, who have long criticized the use of NSLs as a violation of privacy rights.
Judge Cannon’s ruling will remain in effect until a full hearing on the merits of the case can be held.
