Who is Judge Aileen Cannon, who ruled for Trump in Mar-a-Lago search?
Her profile soared this week after she intervened in the Justice Department investigation into Trump’s possible mishandling of classified information and agreed to grant his request for an independent review of the material that FBI agents have seized. Trump sought the appointment of what’s known as a special master to assess whether the government took anything from his Florida residence that may be protected by attorney-client privilege or his status as a former president.
Cannon’s controversial ruling, which she called necessary to “ensure at least the appearance of fairness and integrity under the extraordinary circumstances,” temporarily bars investigators from using the documents removed last month from his Mar-a-Lago residence. The order has been criticized by legal experts for seeming to extend special treatment to Trump and for disrupting the probe before anyone has been charged with a crime. On Thursday, the government said it would appeal Cannon’s decision.
With less than two years on the bench, she does not have an extensive record to review. The Trump dispute has put a spotlight on her while presenting untested questions about the extent to which assertions of executive privilege — usually invoked by sitting presidents to shield sensitive communications from disclosure — may be applied to past occupants of the White House in conflict with their successors.
Cannon did not respond to a request for comment.
Former senator Russ Feingold — who leads the liberal American Constitution Society, which closely tracks judicial nominations — said Trump and his Republican allies in the Senate sought out judicial nominees like Cannon, showing an “overwhelming preference” for individuals often lacking the experience “previously considered necessary to sit on the bench.”
“We’re now seeing the impact of this, with an alarming disregard of the rule of law by some,” he said in a statement.
Sen. Marco Rubio, the Florida Republican whose office asked Cannon to apply for the position in 2019, rejected any suggestion that her decision in the classified-documents case was politically motivated and noted the support Cannon received from Senate Democrats. Twelve voted in favor of her confirmation.
“Judge Cannon is a great judge who I am very proud to have enthusiastically supported,” Rubio said in a statement. “The attacks against her are just the latest example of hypocrisy from leftists and their media enablers who believe the only time it is acceptable to attack a judge is if that judge rules against what they want.”
Cannon’s confirmation hearing took place six months into the coronavirus pandemic, in July 2020, and she appeared before the Senate Judiciary Committee by Zoom. She had the backing of the Cuban American Bar Association, which praised her “temperament and academic credentials” and pointed to her “legal mind and demeanor.” By choosing Cannon, the group told lawmakers, “you enhance the diversity on the bench and help appoint a great candidate for the position.”
In follow-up questions, Democrats pressed Cannon about her record as a prosecutor, her judicial philosophy and her membership in the Federalist Society, the conservative organization that played a major role in advising Trump on his judicial picks. In response to Sen. Cory Booker (D-N.J.), Cannon said she considers herself an “originalist” and a “textualist,” referring to methods of legal interpretation that look to the general understanding of the Constitution at the time it was written, an approach most often associated with the late conservative Supreme Court justice Antonin Scalia.
Cannon quoted Elena Kagan, the liberal justice who quipped at her confirmation hearing, “We are all originalists.”
Sen. Dianne Feinstein (D-Calif.) asked Cannon specifically whether she had any discussions during the nomination process about “loyalty to President Trump.”
“No,” Cannon responded in writing.
She was one of 14 nominees confirmed after the November 2020 election, amid the tumultuous aftermath of Trump’s defeat, an appointment that will now stand as a notable part of his legacy. Over four years in the White House, he installed more than 200 federal judges, including three Supreme Court justices.
Until last week, one…
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