by Lawrence O’Donnell
MSNBC
Sep 6, 2022
MSNBC’s Lawrence O’Donnell analyzes a new legal filing from Judge Aileen Cannon that appoints a special master to review the government documents seized from Donald Trump’s Florida home in order to prevent “reputational harm” to the former president.
Transcript
>> [LAWRENCE O'DONNELL] WELL, THANKS TO DONALD TRUMP, AND THE REPUBLICAN PARTY, ADOPTING TRUMPIAN METHODS, WE NOW TONIGHT KNOW THE NAME OF THE NEXT REPUBLICAN NOMINEE FOR THE UNITED STATES SUPREME COURT. IF DONALD TRUMP IS THE NEXT REPUBLICAN PRESIDENT, THEN HIS SHORT LIST FOR THE SUPREME COURT WILL ONLY INCLUDE ONE NAME. THAT IS PROBABLY ALSO THE CASE FOR FLORIDA'S GOVERNOR RON DESANTIS, IF HE IS THE NEXT REPUBLICAN PRESIDENT, INCLUDING THE FACT THAT NAME COMES FROM FLORIDA. THIS FUTURE SUPREME COURT NOMINEE IS YOUNG ENOUGH TO REMAIN AT THE TOP OF THE REPUBLICAN SHORTLIST FOR THE SUPREME COURT FOR AS LONG AS IT TAKES FOR ANOTHER REPUBLICAN TO WIN THE ELECTORAL COLLEGE. THIS FUTURE SUPREME COURT NOMINEE IS ABOUT 20 YEARS AWAY FROM TURNING 60.
AILEEN MERCEDES CANNON PUBLICLY APPLIED FOR THE JOB OF SUPREME COURT JUSTICE, IN WRITING, YESTERDAY, IN A 24-PAGE OPINION, ORDERING A SO-CALLED SPECIAL MASTER TO EXAMINE ALL OF THE EVIDENCE SEIZED BY THE FBI FROM DONALD TRUMP'S HOME IN FLORIDA. AILEEN MERCEDES CANNON, WHO WAS APPOINTED TO A FEDERAL JUDGESHIP IN THE LAST MONTHS OF DONALD TRUMP'S PRESIDENCY, IS NOW ONLY IN HER SECOND YEAR AS A FEDERAL JUDGE, AND HAS SUFFERED A GREAT DEAL OF WHAT SHE WOULD CALL REPUTATIONAL HARM IN THE LAST 24 HOURS, SINCE SHE ISSUED HER 24-PAGE OPINION WHICH HAS NO CONNECTIVE TISSUE TO PRE-EXISTING LEGAL SCHOLARSHIP IN AMERICA.
THERE IS NO KNOWN LEGAL REASON FOR ANYTHING IN THE JUDGE'S ORDER, AND SO JUDGE AILEEN MERCEDES CANNON DID WHAT DONALD TRUMP WOULD'VE DONE IF HE WERE A FEDERAL JUDGE: SHE JUST MADE IT UP.
ONE OF THE MOST ABSURD NOTIONS IN HER ORDER, GIVING DONALD TRUMP EVERYTHING HE ASKED FOR, IS THE IDEA THAT A FUTURE INDICTMENT OF DONALD TRUMP, BASED ON THIS EVIDENCE, QUOTE, "WOULD RESULT IN REPUTATION HARM." THE ONLY WAY DONALD TRUMP COULD SUFFER REPUTATIONAL HARM IS IF THE EVIDENCE CONTAINED CHILD PORNOGRAPHY, WHICH IT MOST ASSUREDLY DOES NOT. YOU CANNOT SUFFER REPUTATIONAL HARM IF YOU HAVE ALREADY DESTROYED YOUR REPUTATION. IF YOU ALREADY GOT CAUGHT, AS DONALD TRUMP DID, PAYING $130,000 TO PORN STAR STORMY DANIELS TO BUY HER SILENCE ABOUT HAVING SEX WITH YOU, SHORTLY AFTER YOUR CURRENT WIFE GAVE BIRTH. YOU CANNOT SUFFER REPUTATIONAL HARM NOW -- YOU CANNOT SUFFER REPUTATIONAL HARM NOW, AFTER GETTING CAUGHT IN 2016 SAYING THIS:
>> [DONALD TRUMP] YEAH, THAT'S HER WITH THE GOLD. I BETTER USE SOME TIC TACS JUST IN CASE I START KISSING HER. YOU KNOW, I'M AUTOMATICALLY ATTRACTED TO BEAUTIFUL ... I JUST START KISSING THEM. IT'S LIKE A MAGNET. JUST KISS. I DON'T EVEN WAIT. AND WHEN YOU'RE A STAR, THEY LET YOU DO IT. YOU CAN DO ANYTHING.
>> [BILLY BUSH] WHATEVER YOU WANT.
>> [DONALD TRUMP] GRAB THEM BY THE PUSSY -- YOU CAN DO ANYTHING.
>> [LAWRENCE O'DONNELL] DONALD TRUMP HAS ALREADY TOLD THIS JUDGE, AND THE WORLD, THAT HE PERSONALLY BELIEVES IT IS IMPOSSIBLE FOR HIM TO EVER SUFFER REPUTATIONAL HARM.
>> [DONALD TRUMP] I COULD STAND IN THE MIDDLE OF FIFTH AVENUE AND SHOOT SOMEBODY, AND I WOULDN'T LOSE ANY VOTERS, OKAY? IT'S LIKE, INCREDIBLE!
>> [LAWRENCE O'DONNELL] DONALD TRUMP'S REPUTATION COULD NOT BE WORSE AMONG THE PEOPLE WHO REFUSE TO VOTE FOR HIM, AND HIS REPUTATION CAN NEVER BE HARMED WITH THE PEOPLE WHO DO VOTE FOR HIM. BUT JUDGE AILEEN MERCEDES CANNON WROTE AN ORDER TO SAVE DONALD TRUMP FROM REPUTATIONAL HARM. THAT WAS HER PHRASE: "REPUTATIONAL HARM." YOU ARE GONNA HEAR FROM SOME LAWYERS IN A MOMENT WHO WILL GIVE YOU THEIR PROFESSIONAL VIEW OF WHAT JUDGE CANNON DID. BUT FOR THOSE OF YOU WHO DIDN'T GO TO LAW SCHOOL, YOU NEED ONLY KNOW THAT SHE CLAIMS SHE IS ISSUING AN ORDER TO PROTECT DONALD TRUMP'S REPUTATION -- PROTECT HIS REPUTATION FROM THE HARM OF A POSSIBLE FUTURE INDICTMENT. AND NEVER MIND THAT EVERY INDICTMENT THAT EVER ISSUED IN THIS COUNTRY HAS HURT THE REPUTATION OF THE PERSON NAMED IN THE INDICTMENT. SOMETIMES THOSE CRIMINAL CHARGES ARE DISMISSED, SOMETIMES THE INDICTED PERSON IS FOUND NOT GUILTY IN COURT. AND THROUGHOUT THAT PROCESS, THERE IS NOTHING THAT CAN PROTECT THE DEFENDANT'S REPUTATION OTHER THAN THE STRENGTH OF THE DEFENDANT'S DEFENSE. AND WE HAVE NOT HEARD ONE WORD OF DONALD TRUMP'S DEFENSE OF WHY HE WAS IN POSSESSION OF FEDERAL GOVERNMENT PROPERTY, INCLUDING NUCLEAR SECRETS. NOT ONE WORD OF EXPLANATION, OR DEFENSE, FROM DONALD TRUMP ABOUT THAT. NOT ONE WORD FROM DONALD TRUMP TRYING TO SAVE HIMSELF, RIGHT NOW, FROM REPUTATIONAL HARM.
BUT A FEDERAL JUDGE APPOINTED BY DONALD TRUMP HAS TAKEN ON THE JOB OF PROTECTING DONALD TRUMP FROM REPUTATIONAL HARM. THAT IS SOMETHING DONALD TRUMP COULDN'T DO FOR HIMSELF, WHEN HE SETTLED THE TRUMP UNIVERSITY FRAUD CASE FOR $25 MILLION THAT HE HAD TO PAY TO THE VICTIMS OF HIS FRAUD. WE COULD FILL THIS HOUR WITH ONE LINERS OF DONALD TRUMP'S POISONOUS REPUTATION, FROM HIS DAYS AS A YOUNG NIGHT-CLUBBING LANDLORD, ACCUSED BY THE FEDERAL GOVERNMENT, ALONG WITH HIS FATHER, OF USING RACIST PRACTICES IN RENTING APARTMENTS, VIOLATING CIVIL RIGHTS LAW, TO STANDING ACCUSED TONIGHT IN A LAWSUIT BY E. JEAN CARROLL OF RAPE, AND STANDING ACCUSED TONIGHT AS A DEFENDANT IN A LAWSUIT BROUGHT BY CAPITOL POLICE OFFICERS AGAINST DONALD TRUMP FOR HIS INCITEMENT OF A VIOLENT INSURRECTION ON JANUARY 6TH, AND THE PHYSICAL ATTACK AND BRUTALITY AGAINST POLICE OFFICERS AT THE CAPITOL THAT DAY.
CAPITOL POLICE SAY DONALD TRUMP DID IT. CAPITOL POLICE SAY DONALD TRUMP ATTACKED THEM, EVERY BIT AS MUCH AS THE PEOPLE WHO WERE HITTING THEM WITH BASEBALL BATS, AND HITTING THEM WITH BEARSPRAY, AND THE SPEAR-END OF TRUMP FLAGS. AND AMERICAN FLAGS.
THAT MAN WHO IS ALREADY DEFENDANT TRUMP IN THOSE CASES HAS NO REPUTATION TO PROTECT. AND A FEDERAL JUDGE, HE APPOINTED, DECIDED TO DO THAT.
SOMETIMES A JUDICIAL OPINION IS ABOUT THE LAW AND THE CONSTITUTION, AND NOT ABOUT THE AUTHOR OF THE OPINION. THAT IS TRUE OF SOME OF THE MOST IMPORTANT JUDICIAL APPOINTMENTS [DECISIONS] IN THE HISTORY OF THIS COUNTRY: "BROWN VERSUS THE BOARD OF EDUCATION" WAS A UNANIMOUS OPINION BY THE UNITED STATES SUPREME COURT, IN 1954, DESEGREGATING AMERICA'S SCHOOLS. THE SUPREME COURT'S ORDER TO PRESIDENT RICHARD NIXON WAS A UNANIMOUS DECISION OF THE SUPREME COURT, ORDERING THE PRESIDENT OF THE UNITED STATES TO HAND OVER EVIDENCE TO A SPECIAL PROSECUTOR INVESTIGATING THAT PRESIDENT. THAT CASE WAS DECIDED ON THE LAW AND THE CONSTITUTION, NOT POLITICS, AND CERTAINLY NOT BECAUSE OF WHO APPOINTED THOSE SUPREME COURT JUSTICES. THREE OF THOSE JUSTICES WHO ORDERED RICHARD NIXON TO HAND OVER EVIDENCE TO A PROSECUTOR WERE APPOINTED BY RICHARD NIXON.
AND THAT IS WHAT MADE US BELIEVE IN THE LEGITIMACY OF THE SUPREME COURT, AND SOMETIMES EVEN THE NOBILITY OF THE SUPREME COURT. AND NOW THOSE DAYS ARE GONE. BECAUSE DONALD TRUMP WON THE ELECTORAL COLLEGE. AND WON THE POWER TO APPOINT FEDERAL JUDGES. AND USING HIS APPOINTMENT POWER, DONALD TRUMP WAS NOT GUIDED BY QUALIFICATIONS, OR THE CONSTITUTION. HE WAS GUIDED BY THE GODFATHER.
>> [GODFATHER MOVIE] SOMEDAY, AND THAT DAY MAY NEVER COME, I'LL CALL UPON YOU TO DO A SERVICE FOR ME.
>> [LAWRENCE O'DONNELL] "SOMEDAY, AND THAT DAY MAY NEVER COME, I WILL CALL UPON YOU TO DO A SERVICE FOR ME." THE DAY CAME THAT DONALD TRUMP NEEDED A SERVICE FROM JUDGE AILEEN MERCEDES CANNON. AND SHE DID IT.
THAT'S THE STORY. THAT'S THE STORY. ALL THE LEGAL-ISMS ASIDE, IT IS A STORY AS SIMPLE, AND CLEAR, AND DARK, AND SINISTER AS THE STORY TOLD BY FRANCIS FORD COPPOLA AND MARIO PUZO 50 YEARS AGO IN THEIR OSCAR-WINNING SCREENPLAY, "THE GODFATHER."
IN HER 24-PAGE QUESTIONNAIRE, FILED WITH THE SENATE JUDIDICARY COMMITTEE BEFORE HER CONFIRMATION FOR HER FEDERAL JUDGESHIP, SHE WAS ASKED HOW SHE WOULD HANDLE POTENTIAL CONFLICTS OF INTEREST. AND JUDGE CANNON SAID IN WRITING, "I WILL EVALUATE ANY OTHER REAL OR POTENTIAL CONFLICT, OR RELATIONSHIP THAT COULD GIVE RISE TO AN APPEARANCE OF A CONFLICT, ON A CASE BY CASE BASIS." SHE SAID SHE WOULD CONSIDER "RECUSAL WHERE NECESSARY." SHE SAID, IN WRITING, TO THE SENATE JUDICIARY COMMITTEE, "SIMPLY THE APPEARANCE OF A CONFLICT COULD BE A REASON FOR HER TO RECUSE HERSELF FROM A CASE."
BUT INSTEAD OF A RECUSAL, SHE HAS PUBLICLY EMBRACED THE APPEARANCE OF CONFLICT, IN GIVING THE PERSON WHO APPOINTED HER TO HER JUDGESHIP EVERYTHING -- EVERYTHING HE ASKED FOR. AND IN THE PROCESS, JUDGE AILEEN MERCEDES CANNON HAS SUFFERED MASSIVE REPUTATIONAL HARM AMONG FAIR-MINDED LEGAL ANALYSTS AND SCHOLARS, AND OTHER JUDGES. BUT AT THE SAME TIME, HAS SURELY SECURED FOR HERSELF THE POSITION AT THE VERY TOP OF A LIST FOR THE NEXT REPUBLICAN APPOINTMENT TO THE SUPREME COURT.