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The Florida judge who just gave Trump a pass in documents case will now be judged herself

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The Florida judge who just gave Trump a pass in documents case will now be judged herself


What if I told you Judge Aileen Cannon has been working for years to get this case thrown out?

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It would be easy to get angry at this point about how law and order is alleged to apply to everyone in America, but former President Donald Trump keeps being issued get-out-of-jail-free cards by judges he appointed.

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It happened again Monday when the judge overseeing Trump’s federal case for allegedly taking and concealing classified documents after leaving office decided to rule counter to decades of established law and precedence to just toss the case out of court.

That’s frustrating to fair-minded people, no matter what political party you belong to. We’re told as children that nobody is above the law in America and we hope as adults to see that hold true.

But this would be a good time to press pause on our frustration because U.S. District Judge Aileen Cannon, nominated in April 2020 by Trump for the Southern District of Florida, is likely to face some judgment about her judgment.

We’ve been here before. It didn’t go so well for Cannon.

Judge Aileen Cannon did her part in the Trump document case

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Cannon’s ruling has nothing to do with the merits of the case. Instead, she grabbed hold of a fringe legal argument that Jack Smith, the special counsel appointed in November 2022 by U.S. Attorney General Merrick Garland to oversee the investigation, was improperly selected.

Trump was indicted by a federal grand jury and charged last summer. His entire legal strategy since then has been to delay delay delay while painting the prosecution as a political vendetta as he seeks another term as president.

In this, Cannon has always seemed more like an eager collaborator than an impartial judge, dragging out the process and leaving legal motions in limbo while sparring with prosecutors. All the while, the clock is ticking down to the Nov. 5 general election. A Trump victory would make the case simply vanish.

Decision to throw out document case started years ago

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One of Trump’s opening gambits in the case in 2022, months before charges were filed, was to ask Cannon to prevent prosecutors from examining the thousands of documents it found – some marked confidential or top secret – in boxes strewn across the ex-president’s private club in Florida while executing a search warrant.

Cannon played along, shutting down the prosecutors and appointing a “special master” to sift through the documents.

Smith appealed to the 11th Circuit Court of Appeals, known for a certain right-leaning tilt on the political scale, where the case was heard by three judges, including two appointed by Trump.

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Those judges, in December 2022, reversed Cannon in a 21-page ruling that ended with what amounted to a scolding for her for what amounted to an attempt at a “radical reordering” to limit how federal judges act in criminal investigations.

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“The law is clear,” they wrote. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

Let’s not forget the Supreme Court’s role in all this

That’s the way the law is supposed to work. Everyone is equal. Unless, of course, the U.S. Supreme Court decides otherwise.

The other recent development that has law-and-order fans freaking out was the Supreme Court’s July 1 ruling that Trump has immunity for any “official acts” he took as president while attempting to overturn the 2020 election but can still be tried in a separate case in federal court in Washington, D.C., for any “unofficial acts” he took in that attempt.

Justice Clarence Thomas joined the court’s other six conservatives, three appointed by Trump, in that 6-3 ruling but couldn’t resist helping Trump on a legal point that was not part of the case – writing a concurring opinion that questioned whether Smith’s appointment as special counsel was legal.

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Thomas opened the door for Cannon to toss the documents charges against Trump. And that’s just what she did.

Trump legal cases still out there to be dismissed

Cannon tucked her ruling Monday into a news cycle already ramped up to full bore, between the attempted assassination of Trump in Pennsylvania on Saturday and his selection of a vice presidential running mate at the Republican National Convention in Milwaukee on Monday evening.

Trump, who briefly called for unity after surviving Saturday, was right back at his usual rhetoric Monday, casting his legal troubles as “Political Attacks” while celebrating Cannon’s ruling on his social media site, calling for dismissal “of ALL the Witch Hunts.”

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That included the case pending in Washington, a pending criminal case in Georgia on attempts to overturn the 2020 election there, the civil case where he was found liable for sexual assault, the criminal case in New York where he was convicted on 34 felony counts, and a civil case where he was fined $454 million for running a real estate business rife with fraud.

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So many cases. And only one Judge Cannon.

Possible new member of SCOTUS?

Trump sees all politics as transactional – if he does something for you, he will expect something from you. Rep. Matt Gaetz, a Florida Republican and avid social media troll, said the quiet part out loud Monday in a post on the site previously known as Twitter with Cannon’s official portrait, calling her “Future Supreme Court Justice Cannon.”

Speaking of the Supreme Court, the justices took a pass in October 2022 when Trump asked them to overturn the 11th Circuit, which had just overturned Cannon.

If the special counsel successfully appeals the new Cannon ruling and revives the documents case, Trump will certainly try his luck again with our highest court.

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Then we’ll find out just how many get-out-of-jail-free cards the conservative justices are willing to deal him.

Follow USA TODAY elections columnist Chris Brennan on X, formerly known as Twitter: @ByChrisBrennan

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Video: Will ICE Change Under Its New Leader?

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Video: Will ICE Change Under Its New Leader?
Markwayne Mullin, the new homeland security secretary, has promised a different approach, but how much change is likely? Our reporter Hamed Aleaziz describes what we know.

By Hamed Aleaziz, Sutton Raphael, Thomas Vollkommer, Gilad Thaler, Whitney Shefte and Alexandra Ostasiewicz

March 27, 2026

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A surprise resignation could open the door for an independent to win a Montana Senate seat

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A surprise resignation could open the door for an independent to win a Montana Senate seat

Seth Bodnar, the former president of the University of Montana, is now running for Senate as an independent

Kirk Siegler/NPR


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Kirk Siegler/NPR

BUTTE, Mont. – It’s long been an adage in Montana politics that if you’re running for office, you’d better have a float in the Butte St. Paddy’s Day Parade, which draws thousands to the mining city’s historic uptown, soaking up the nostalgia – and the Guiness. 

Here, you’re just steps from the towering old mining headframes and the one mile long and half mile wide Berkeley Pit. Now shuttered, it was  once one of the world’s largest copper deposits. 

Larry Carden, in a Notre Dame sweatshirt, never misses the parade.

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“You’ll see a lot more boos for the Republicans than you will the Democrats, I can guarantee you that,” he says. 

That’s a nod to Butte’s long history of Democratic politics and a strong labor movement going back to around 1900, when the “Copper King” mine owners ruled Montana business and media, and bribed their way into political office. Today, Carden, who’s retired, is worried that the mega rich are again influencing politics here, and how expensive life is in his home state.

“Between health care and gas and food, and you go to the store the other day, there’s rib steaks $19.99 a pound, you know,” Carden says.  

A political group marches in the St. Patrick's Day parade in Butte, Montana, March 17 2026

A political group marches in the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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This year’s parade followed an unusually turbulent few days in Montana’s political scene – half of its congressional delegation abruptly retired. Despite the state’s recent tilt from purple to deep red, the races for their seats could be more in play now because of the way Senator Steve Daines and Congressman Ryan Zinke, both Republicans, gave up them up and chose their successors. In Daines’ case, he withdrew his candidacy just minutes before the filing deadline. 

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Like a lot of people in Butte, Carden is a longtime Democrat. But he says he’s grown disillusioned with party politics.

“I would rather everything be independent where there is no party designation and then you have to pay more attention to who the person actually is,” Carden says.   

New Candidate opts to go independent

That’s exactly what Seth Bodnar, a former Green Beret running for U.S. Senate, is trying to capitalize on. He joined other candidates mixed in with Irish dancing troupes and fire department floats, as he walked the parade route along Park Street shaking the occasional hand and tossing candy. 

In an interview with NPR earlier in Missoula, Bodnar, who recently resigned his post as University of Montana president, pitched what he says would be his bi-partisan appeal.

“I’m an independent,” Bondar says. “When I raised my right hand at the age of 18 and I swore an oath to this Constitution when I joined the military, not to a political party.”.

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Person over party used to be the playbook in Montana, which some call just one long Main Street. It’s how former Senator Jon Tester used to win despite being a Democrat as the state got redder.

The day after Bodnar formally announced he was gathering signatures to get on the ballot, his long shot bid got taken a lot more seriously. 

Sen. Steve Daines, who was elected to the Senate in 2014, sent shockwaves through the state’s political scene when he announced in a video posted to X that he’d decided not to seek reelection.  

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump's choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump’s choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

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“I’m also very thankful to have served alongside President Trump and my colleagues in the Senate,” Daines said in the video. “Together we built a conservative majority on the Supreme Court, we delivered the largest tax cut in U.S. history, we unleashed American energy dominance and secured our southern border.” 
 
Daines’ late hour withdrawal presumably clears the way for his chosen successor, Kurt Alme, the U.S. Attorney for Montana until he declared his candidacy for Daines’ seat. Daines later said withdrawing earlier could have enticed a prominent Democrat like Tester to enter the race. 

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Independent Seth Bodnar says it reminds him of the Montana of old. 

“We have direct election of senators in the United States in part because of political corruption in this state 125 years ago, Copper Kings trying to buy U.S. Senate seats,” Bodnar says. “That didn’t work back then and it’s not going to work right now.”

But Democrats say Bodnar’s entry as an independent will just split the liberal vote. 

The GOP base is angry too

“Montanans are getting very indignant about what they see as out and out dishonesty,” says Roger Koopman, a former Republican legislator and Montana Public Service commissioner from Bozeman.  

Koopman says the party establishment’s backroom dealing is a gift to Democrats and especially Seth Bodnar, who he says is a liberal running as an independent.

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“They’re going to say, ‘hey, I’m over these Republicans playing games with me, you can’t do that and expect me to vote for you, I’m not going to vote Democrat, but here’s this guy out here who says he’s independent, let me give him a try,’” Koopman says. 

Alme has been keeping a low profile. Political pundits say that might be by design. A campaign spokesperson sent NPR this statement: “Anyone could run for this seat. Kurt is running on his record as the Trump-endorsed candidate of common sense who knows how to be tough on violent crime, dismantle drug cartels, and deliver historic tax relief. Voters will decide, and Kurt is confident in his work serving Montana and helping President Trump put America First.”

At Montana State University, political science department chair Eric Austin says he expects party tensions will cool and Republicans will rally around their nominee by November. 

“I think in part that speaks to the changes in the electorate in the state,” Austin says. “As the state has become more red, people have more strongly affiliated themselves with the Republican Party and less as independents.” 

However, Austin says the midterms will be a referendum on President Trump and there’s growing economic anxiety in Montana. Farmers are getting hurt by Trump’s tariffs. His Iran War has sent fertilizer prices soaring, raised interest rates and the cost of gas. 

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Back in Butte, at the St. Paddy’s Day parade, longtime Democratic activist Evan Barrett says there’s a resurgence in populist resentment in Montana. 

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick's Day parade in Butte, Montana, March 17 2026

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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“It’s almost like a repetition of the past,” says Barrett, a one time economic aide to former Governor Brian Schweitzer.  

Ducking into an old storefront to take a break from the spectacle of the parade, Barrett told NPR there’s a feeling in the electorate that a lot of outside money is coming into influence politics, but not staying in Montana and being invested into things like schools. 

“So this is a really wild and different year,” Barrett says. “Anybody that tells you they know what’s gonna happen, well, be a bit skeptical.” 

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President Trump has endorsed last minute Senate candidate Kurt Alme but it’s not clear what kind of effect that might have on voters in November. 

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

“The ransom note, notes for ransom requests came. Did you believe those to be real?” “The two notes that we received that we responded to — I tend to believe those are real.” “Really?” “We still don’t know. Honestly, we don’t know anything. We don’t know anything. So I don’t know that it’s because she’s my mom. But yeah, that’s probably — which is too much to bear to think that I brought this to her bedside, that it’s because of me. And I just say, I’m so sorry, Mommy. I’m so sorry. We need answers. We cannot be at peace without knowing. And someone can do the right thing. And it is never too late to do the right thing.”

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Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

By Christina Kelso

March 26, 2026

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