Aileen Cannon's Delay Tactics In Trump Documents Case Takes A Turn For The Stupid

Donald Trump is mad the federal government gets to spend money when he's not president.

onMay 31, 2024 at 4:46 PMMay 31, 2024 at 4:29 PM

Aileen Cannon

Federal judge Aileen Cannon has already — repeatedly — been skewered for the way she’s overseeing the presidential documents case against Donald Trump. Her incompetence/perceived bias has been showing all over the place, pretty much handing Trump his desired outcome of pushing the trial back after the 2024 election. This culminated with the Trump-appointee paying back her benefactor by indefinitely delaying the trial.

Now Cannon is reportedly requesting briefing on an issue that makes it even harder to defend against those allegations of incompetence and bias.

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The Supreme Court — much to Justice Samuel Alito’s dismay — recently ruled in Consumer Financial Protection Bureau v. Community Financial Services Ass’n that the way the CFPB gets its money is constitutional. The status quo prevailed, with Clarence Thomas writing for the majority! Meaning, but for this specific case, not much changes.

But don’t tell that to Aileen Cannon!

Despite the backlog in the case, Cannon is requesting briefing on how the CFPB case will impact the Trump documents case. As reported by Newsweek:

In a writing direction, Cannon, a Trump appointee, stated that she wants the briefs “in anticipation of the June 21, 2024, hearing on Defendant Trump’s motion to dismiss the indictment based on the unlawful appointment and funding of special counsel Jack Smith.”

She wrote that both sides must file briefs by June 11 on what effect the Supreme Court decision will have on “Defendant Trump’s appropriations clause challenge.”

The maximum length of each brief is 15 pages, she wrote.

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This is wild. The Supreme Court case doesn’t impact the case before Cannon at all. Those calling the CFPB’s funding unconstitutional lost. The upside-down notion that SCOTUS calling one funding mechanism constitutional means another funding mechanism might be unconstitutional would put the entire functionality of the federal government on its head. But even if Cannon recognizes this and denies the former president’s motion to dismiss, she’s already carried Trump’s water. His goal has always been just to get to November 5th and hope the voters make the federal crimes he’s been accused of irrelevant.

Cannon is more than happy to help Trump play the wait and see game.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.