We all knew this was coming. After all, according to TFG, Aileen Cannon is a fantastic judge.
It’s time for Jack Smith to file for her removal. But that will take months. The strongest case against him will be torpedoed by his accomplice. The only chance for this case to go to trial is the re-election of Joe Biden.
We all knew this was coming. After all, according to TFG, Aileen Cannon is a fantastic judge.
It’s time for Jack Smith to file for her removal. But that will take months. The strongest case against him will be torpedoed by his accomplice. The only chance for this case to go to trial is the re-election of Joe Biden.
He can't file for her removal until she does something, makes a decision, that he can appeal. She is being advised by someone who knows well how to do what's happening here, because she has avoided any of those decisions (and is obviously too incompetent to be doing this without direction).
TCinLA is 'spot on'. I also suspect Jack Smith bangs his head against the wall every morning when he looks into the mirror and says 'Why...WHY did I file this case in So. Dis. of Florida rather than D.C.?' SMACK!
TCinLA, I am thinking, after NYC verdict and SCOTUS ruling on immunity and judge in D.C. case determines if a trial is possible prior to election, IF Florida case is only one that could possibly go trial before election, THEN Jack Smith might 'push his luck' with a Mandamus motion in 11th Cir. to try and push the case to trial. What do you think TCinLA?
Actually, Jack Smith had a choice. At the time a SCOTUS case was pending that could have tipped the scales to one jurisdiction or the other. Smith chose the 'safest' but 'slowest' route. With Trump, and Trump only, Cannon has a 'Turtle Docket' instead of a 'Rocket Docket'.
Yes, TC, do wonder who has her ear and is whispering into it….seems like there is a very powerful shadowy “back-bench” influencing our judiciary at the highest levels. This is our country’s “ice bucket” challenge…hope we are shocked awake and rise to the occasion and keep our democratic republic. Time will tell.
Barbara, given your earlier very thoughtful DavidLa post, it would be both useful to our belief in a basically just legal system as well as entirely plausible that Judge Cannon had reverted to her earlier mode of functioning as an appellate lawyer (judge?) that she is actually trying to think through the prodigious complexities of this highest of profile cases with new, overworked and micromanaged clerks before issuing any rulings.
Maybe someday the truth & strategy will be known, high road or low…. I know our country professes “equal justice for all”, but come on, we all know despite that aspiration we haven’t really met that mark by a long shot. That this kerfuffle (large picture) is unique in our history, and involves so so so many players at different strata (regular Joe’s to members of Congress to former Cabinet members to a former POTUS…just to list some), will be a real test of our Judiciary and is being played out on a stage where all (globally) can see it.
Barbara I agree that we have seen various depradations of and by our legal system which demonstrate where we have missed the mark, depradations Joyce Vance, HCR, and Rachel Maddow have illuminated for us going back at least to WWII trials of how many congressmen (dozens?) regarding their conspiring with the Hitler regime yet a trial which ended up in a circus leaving no-one legally accountable yet none of them was re-elected. That these betrayals of and by our legal system remain so visible seems a commentary on the majority of the system which works sufficiently that we still recognize when it doesn't provide "equal justice for all." I have seen reporting about several efforts by various law schools to reconsider and retry the gravest miscarriages of justice for defendants on death row who have received inadequate defense council. No the system isn't perfect yet I'd ask which country's legal system would you trade ours for?
You said a mouthful there, and who better to advise her than the co-conspirators at the Federalist Society, who placed her there. And of course, TFG, the king of deny , deceit, and delay himself. Sad.
It all goes to Mitch McConnell, the handmaiden of the Heritage Foundation and every dark money billionaire (Murdoch, Leo, et al) He is the real chess player extraordinaire. Now that he’s no longer the Lion King of the Senate Republicans, it’s chaos and Trump has now taken over the party for MAGA and the Heritage Foundation—the entity that handpicked every one of the candidates that Trump put forth for judgeships including Cannon. These are not our brightest and best legal minds. These are mostly hacks, as evidenced by Cannon and Kavanaugh. They know enough to gum up the works and be dangerous. Like Trump.
@TCinLA IMHO Jack Smith blew a chance to force Cannon to recuse. Got to remember this is her second Trump case. In the first case the 11th Circuit Court of Appeals reprimanded her twice. Although there were disqualification complaints filed through the Judicial Conference system, which is parallel to but not part of the first case on its merits, Judge Prior, the CJ of the circuit, dismissed them.
The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause. The panel wrote, “The law is clear. 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.” https://s3.documentcloud.org/documents/23323385/trump-ca11-2022-12-01.pdf
There was some question whether she should have accepted the appointment after the second case was filed. Here's the procedure: 28 USC 144:
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
Smith could have made the motion. The standard is the appearance of impropriety.
28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge
(a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b)He shall also disqualify himself in the following circumstances:
(1)Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;...
There are new facts surrounding bias. Did she conspire with the SDFL Clerk to get the 2nd case? Is the clerk biased? Is Cannon's husband tied to Trump?
None of this has anything to do with the merits of the documents case, or her lousy rulings.
Maybe it's a good thing that this trial is postponed, even until after the election.
Although an avid Trump support Cannon may be watching the NY case very closely and she sees how damaging the testimony is to the TFFG campaign.
Assuming Biden wins reelection, Trump will be likely be tried several more times.
The Party of Trump SC justices have already forced at least a 6 month delay due to their mishandling of immunity. If TFFG is found guilty in NY he may be incarcerated for his next trial. Do you think they will allow him two hours each day before court to do his hair and makeup?
Since my last job involved teaching human service staff about the impact of stress overload, let me throw in a couple of possible scenarios. There’s no question that the characteristics of her current situation meet all the criteria for stress overload (significant issues, lasting more than thirty days, with the feeling of loss of control). Stress overload neurohormones generally cause the amygdala to override the prefrontal cortex. So she would likely be dealing with flight, fight or freeze. She would be angry with her staff, unable to adequately use executive function - ie management skills like planning, control of emotions, etc etc. She would also see coaching and delay as a temporary relief from the stress and anxiety. It’s hard to overstate the impact of stress overload. It’s easy to think she might be using alcohol and/or prescription medications to dampen the symptoms - which would not help.
Stress overload is under-recognized and can even be mistaken for a mental illness (not a psychosis, but many other diagnoses).
Of course I don’t know Judge Cannon, but the article certainly fits.
And in such an obvious case as the theft of the classified documents. How much more criminal does something have to get. Claimi g, without any evidence as usual, that these 1000s of documents were declassifieds and just souvenirs is beyond beyond credible especially when the archival process is clear and in writing. This phony should be yanked off the bench and tried herself and disbarred permanently.
I don't think federal judges get disbarred. Impeached, yes, but the likelihood of that happening in the current political environment is highly unlikely. I think the only hope is that she screws up bad enough that Smith could get her kicked off this case.
We all knew this was coming. After all, according to TFG, Aileen Cannon is a fantastic judge.
It’s time for Jack Smith to file for her removal. But that will take months. The strongest case against him will be torpedoed by his accomplice. The only chance for this case to go to trial is the re-election of Joe Biden.
He can't file for her removal until she does something, makes a decision, that he can appeal. She is being advised by someone who knows well how to do what's happening here, because she has avoided any of those decisions (and is obviously too incompetent to be doing this without direction).
TCinLA is 'spot on'. I also suspect Jack Smith bangs his head against the wall every morning when he looks into the mirror and says 'Why...WHY did I file this case in So. Dis. of Florida rather than D.C.?' SMACK!
Act in haste; repent at leisure.
TCinLA, I am thinking, after NYC verdict and SCOTUS ruling on immunity and judge in D.C. case determines if a trial is possible prior to election, IF Florida case is only one that could possibly go trial before election, THEN Jack Smith might 'push his luck' with a Mandamus motion in 11th Cir. to try and push the case to trial. What do you think TCinLA?
That's as informed a guess as any I could make.
TC, perhaps "Act in haste; repent at leisure" is judge Cannon's motto as well?
I wonder the same. You file charges in the jurisdiction where the theft occurred, not where the goods are discovered, I assume.
Actually, Jack Smith had a choice. At the time a SCOTUS case was pending that could have tipped the scales to one jurisdiction or the other. Smith chose the 'safest' but 'slowest' route. With Trump, and Trump only, Cannon has a 'Turtle Docket' instead of a 'Rocket Docket'.
Yes, TC, do wonder who has her ear and is whispering into it….seems like there is a very powerful shadowy “back-bench” influencing our judiciary at the highest levels. This is our country’s “ice bucket” challenge…hope we are shocked awake and rise to the occasion and keep our democratic republic. Time will tell.
She's doing the bidding of those who put her on the court.. Leo Leonard and the billionaires who fund the Federalist Society.
Like the shadow docket in the SC??? Too many shadows to count
Definitely a film noir!!
Wish it were fiction
Barbara, given your earlier very thoughtful DavidLa post, it would be both useful to our belief in a basically just legal system as well as entirely plausible that Judge Cannon had reverted to her earlier mode of functioning as an appellate lawyer (judge?) that she is actually trying to think through the prodigious complexities of this highest of profile cases with new, overworked and micromanaged clerks before issuing any rulings.
Maybe someday the truth & strategy will be known, high road or low…. I know our country professes “equal justice for all”, but come on, we all know despite that aspiration we haven’t really met that mark by a long shot. That this kerfuffle (large picture) is unique in our history, and involves so so so many players at different strata (regular Joe’s to members of Congress to former Cabinet members to a former POTUS…just to list some), will be a real test of our Judiciary and is being played out on a stage where all (globally) can see it.
Barbara I agree that we have seen various depradations of and by our legal system which demonstrate where we have missed the mark, depradations Joyce Vance, HCR, and Rachel Maddow have illuminated for us going back at least to WWII trials of how many congressmen (dozens?) regarding their conspiring with the Hitler regime yet a trial which ended up in a circus leaving no-one legally accountable yet none of them was re-elected. That these betrayals of and by our legal system remain so visible seems a commentary on the majority of the system which works sufficiently that we still recognize when it doesn't provide "equal justice for all." I have seen reporting about several efforts by various law schools to reconsider and retry the gravest miscarriages of justice for defendants on death row who have received inadequate defense council. No the system isn't perfect yet I'd ask which country's legal system would you trade ours for?
Can't think of another repub action since the 80's that took the high road. Always aiming for the trip to China, as my Mom used to say.
You said a mouthful there, and who better to advise her than the co-conspirators at the Federalist Society, who placed her there. And of course, TFG, the king of deny , deceit, and delay himself. Sad.
It all goes to Mitch McConnell, the handmaiden of the Heritage Foundation and every dark money billionaire (Murdoch, Leo, et al) He is the real chess player extraordinaire. Now that he’s no longer the Lion King of the Senate Republicans, it’s chaos and Trump has now taken over the party for MAGA and the Heritage Foundation—the entity that handpicked every one of the candidates that Trump put forth for judgeships including Cannon. These are not our brightest and best legal minds. These are mostly hacks, as evidenced by Cannon and Kavanaugh. They know enough to gum up the works and be dangerous. Like Trump.
@TCinLA IMHO Jack Smith blew a chance to force Cannon to recuse. Got to remember this is her second Trump case. In the first case the 11th Circuit Court of Appeals reprimanded her twice. Although there were disqualification complaints filed through the Judicial Conference system, which is parallel to but not part of the first case on its merits, Judge Prior, the CJ of the circuit, dismissed them.
The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause. The panel wrote, “The law is clear. 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.” https://s3.documentcloud.org/documents/23323385/trump-ca11-2022-12-01.pdf
There was some question whether she should have accepted the appointment after the second case was filed. Here's the procedure: 28 USC 144:
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
Smith could have made the motion. The standard is the appearance of impropriety.
28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge
(a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b)He shall also disqualify himself in the following circumstances:
(1)Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;...
There are new facts surrounding bias. Did she conspire with the SDFL Clerk to get the 2nd case? Is the clerk biased? Is Cannon's husband tied to Trump?
None of this has anything to do with the merits of the documents case, or her lousy rulings.
11th Circuit : Judicial conduct: https://www.ca11.uscourts.gov/judicial-conduct-disability
Maybe it's a good thing that this trial is postponed, even until after the election.
Although an avid Trump support Cannon may be watching the NY case very closely and she sees how damaging the testimony is to the TFFG campaign.
Assuming Biden wins reelection, Trump will be likely be tried several more times.
The Party of Trump SC justices have already forced at least a 6 month delay due to their mishandling of immunity. If TFFG is found guilty in NY he may be incarcerated for his next trial. Do you think they will allow him two hours each day before court to do his hair and makeup?
Joe is walking too many tightropes, nothing is even remotely equal. Evil neck and neck and has the wind
Since my last job involved teaching human service staff about the impact of stress overload, let me throw in a couple of possible scenarios. There’s no question that the characteristics of her current situation meet all the criteria for stress overload (significant issues, lasting more than thirty days, with the feeling of loss of control). Stress overload neurohormones generally cause the amygdala to override the prefrontal cortex. So she would likely be dealing with flight, fight or freeze. She would be angry with her staff, unable to adequately use executive function - ie management skills like planning, control of emotions, etc etc. She would also see coaching and delay as a temporary relief from the stress and anxiety. It’s hard to overstate the impact of stress overload. It’s easy to think she might be using alcohol and/or prescription medications to dampen the symptoms - which would not help.
Stress overload is under-recognized and can even be mistaken for a mental illness (not a psychosis, but many other diagnoses).
Of course I don’t know Judge Cannon, but the article certainly fits.
He can however unseal more indictments and take them to a different court. I'm not sure that Cannon is bright enough to out-wit Jack Smith.
It is well orchestrated, chump has the worshippers/puppeteers with myriad skills.
And in such an obvious case as the theft of the classified documents. How much more criminal does something have to get. Claimi g, without any evidence as usual, that these 1000s of documents were declassifieds and just souvenirs is beyond beyond credible especially when the archival process is clear and in writing. This phony should be yanked off the bench and tried herself and disbarred permanently.
THIS AIN'T RIGHT!!!!!
I don't think federal judges get disbarred. Impeached, yes, but the likelihood of that happening in the current political environment is highly unlikely. I think the only hope is that she screws up bad enough that Smith could get her kicked off this case.
Vote blue