There was a tempest in a teapot earlier about a judge granting an alleged Capitol insurrectionist a free pass to party in Mexico — while facing criminal charges and during a damned pandemic — based on a “proposed” order included with the defendant’s filing. After spending a few days “tut-tutting” hyperactive social media voices and explaining that real lawyers could figure out that this was all a misunderstanding and that no self-respecting judge would agree to a self-serving request like this… the judge granted the request.
Judge Trevor McFadden, a 42-year-old appointed to the bench by Donald Trump, has decided that Jenny Cudd gets to leave custody pending trial for a “work-related bonding retreat,” as reported by Buzzfeed’s Zoe Tillman who is all over these riot hearings. You know, Black defendants rounded up for vaguely matching the description of someone who knew someone who once mentioned marijuana should really try the “but what about my vacation” excuse. I’m sure it will be applied fairly!
McFadden — one of the glut of Trump judges pushed through before the ABA could even come up with a sense of whether or not he was qualified (they later produced a split opinion) — wrote in his order that neither the DOJ nor pretrial services bothered to file an objection to the request. And that’s troubling! Whether it’s because the government is infected with insurrectionist sympathizers who want any potential My First Coup Barbie to have a worry-free vacation or because no one thought there was any value in wasting ink on an opposition to an insane request that a judge with a smidgen of professional dignity would deny sui generis is a question for another occasion. There’s enough blame to go around, but the buck actually stops with the judge. That’s why they have the gavel!
I guess McFadden sees his gig as less a lifetime appointment than an opportunity to burnish his resume for a higher position in the D.C. Circuit or Supreme Court. At 42 there’s always the chance that MAGA will come back and reward its most loyal toadies!
When Manhattan DA candidate Eliza Orlins tweeted that it was still hypothetical and she was expressing frustration at the absurd gall it takes to make this request.
Now that’s been topped by the greater gall of a judge forfeiting the rule of law for a vacation.
(Check it out on the next page…)