I have to say that I agree with Josh Marshall that the Trump judge's ridiculous decision allowing a special master to review the documents (and suspend the investigation, a literally unprecedented usurpation of the prosecutorial role of DOJ), for purposes of determining whether a private citizen somehow has executive privilege over the actual executive branch, is not merely "bad law." It is profoundly and pervasively corrupt. The DOJ must appeal this. And if it fails to get it overturned, we are on notice. The right wing has, it would appear, succeeded in corrupting the judiciary to the point that precedent, and the rule of law, are now of no consequence; only the ability to exercise judicial power for ideological and political reasons exists. This is how government works in countries like Russia and Hungary. I don't pretend that this is entirely new in our country, far from it, but it seems to have reached a new low of pervasiveness and imperviousness even to the pretense of actual judicial independence.
06 September 2022
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