Opinion: Cannon’s classified documents ruling is the first court decision of Project 2025

Here, the traditional rule of law takes an unabashed back seat to the preeminent principle of loyalty to Donald Trump.

Stacks of boxes can be observed in a bathroom at former President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla.The initial impulse on reading Judge Aileen Cannon’s pseudo-scholarly 93-page dismissal of the classified documents case against Donald Trump is to list the legal errors and overreaches that demonstrate its brazenness and likelihood of being reversed.

It’s more useful and illuminating to think of the dismissal as the first court decision of Project 2025, in which the rule of law takes an unabashed back seat to the preeminent principle of loyalty to Trump. Second, the dismissal owes a huge intellectual debt to one person, Justice Clarence Thomas, who raised the issue in his concurrence with the Supreme Court’s recent ruling on presidential immunity. Not content with fully joining the court’s breathtakingly broad majority opinion, Thomas also opted to “write separately to highlight another way in which this prosecution may violate our constitutional structure,” floating the very theory seized upon by Cannon.

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