Why Judge Cannon's 'preposterous' special master ruling is nearly impossible to defend

Roy Cohn was known for saying, “Don’t tell me what the law is, tell me who the judge is.” The relevance of that quote lingers for a reason. [View in browser]( [Image]( September 6, 2022 THE LATEST [Alternate text] [Why Judge Cannon's 'preposterous' special master ruling is nearly impossible to defend]( by Steve Benen Legal experts seemed to agree Donald Trump's request for a special master to oversee evidence seized by the FBI during its Mar-a-Lago search last month wasn't warranted. But a Trump-appointed federal judge on Monday granted the request anyway. U.S. District Judge Aileen Cannon's ruling extended oddly broad powers to an as-yet unnamed special master, [Steve Benen explains](, and appeared to fundamentally misinterpret a key element of the case. "The idea that executive privilege is even at play in this case is genuinely weird," Benen writes. "At issue are documents that belong to the federal government, not to Trump. What’s more, the former president is a private citizen with no executive authority, so he can’t exert power he doesn’t have to hold materials that aren’t his." Read Steve Benen's [full analysis]( in your Tuesday [MSNBC Daily](. Stay informed with curated match-ups, race updates and key midterms analysis from experts like Steve Kornacki in our new pop-up elections newsletter: Countdown to Midterms. [CLICK HERE TO SIGN UP](     TOP STORIES [Alternate text] [Steve Benen]( 'Vicious monsters': Trump attacks on FBI take an unsettling turn]( As Donald Trump targets the FBI, he's now heralding those who have the “guts” to “fight” federal law enforcement. [Read more.]( [A photo of Biden]( [Ja'han Jones]( [Brett Favre welfare scandal another reminder of Mississippi's long history of bigotry]( A criminal investigation into misused welfare funds is a reminder of Mississippi’s long history of bigotry and exploitation. [Read more.]( [Ryan Cooper]( Starbucks' union-busting is working. American labor law is not.]( The coffee chain is benefitting from outdated laws that force stores to unionize separately. [Read more.]( [Steven Benen]( In classified docs scandal, Bill Barr won't defend his former boss]( If even Bill Barr recognizes the seriousness of the Mar-a-Lago scandal, why can’t other rank-and-file Republicans? [Read more.](   SPONSORED [Alternate text] Why Wait To Reach Your Goal Weight? Try Noom Now!]( Noom's daily lessons help you build a sustainable routine to keep the weight off for good. Take their quiz to find out how. [Start Quiz](   TOP VIDEOS [Alternate text] [Morning Joe]( Special master approval could open the door to 'months of litigation']( [The Beat]( [Katyal: Trump 'stole' top secret material. The special master won't save him.]( [A photo of Mary Peltola]( [Morning Joe]( [An emotional day in Uvalde as school begins for first time since massacre]( [American Voices]( [How Trump is fueling 'an industrial complex for conspiracies'](   MORE FROM MSNBC [Alternate text] Friday, Richard Engel reports on the ground in Ukraine as the war against Russia rages on. With mounting war crimes committed against innocent Ukrainians, Richard speaks to civilians personally affected and explores their determination to seek justice. Watch "On Assignment: Ukraine: The Search for Justice," on Friday at 10 p.m. ET on MSNBC, and streaming on Peacock.     [Image] [Image]   [Privacy]( [Unsubscribe](listvar=sub_daily)