If you’re like many decent Americans, you groaned in disbelief when it was announced that Judge Aileen Cannon would preside over the Trump documents case. Really?
My concern about Judge Cannon, is that like Clarence Thomas, she does not have a judicial mind of her own. She is placed into her role by the Federalist Society hierarchy because she is a member and can be counted on to be like Justice Barrett, in a docile role when it comes to the men who run things. So, I can see her sacrificing her career for the good of the Federalist Society, believing that they will come back in power and protect her career. So, I hope that she is removed before the final decision is made, and it is not made many years down the road.
A mentor early in my adult life gave me great advice: It is not enough to do the right thing. You must look like you do the right thing. The important piece of that is how we assess trust. And from any angle (unless she overplays the impartiality to the hilt), it is a stretch to see her as trustworthy.
Rather than hoping for a recusal, voluntarily or by motion, I am hoping that Smith will seek an indictment in NJ for the dissemination of classified material (the Iran document, the map) by Trump in Bedminster. And that Smith (and DA Willis in Fulton County, Georgia) will seek (and obtain) an indictment soon for the 1/6 insurrection with the same narrative force and evidentiary support as the documents indictment that he, Smith, obtained in Florida. There is thankfully nothing Judge Cannon would be able to do to undermine such prosecutions. .
Can any decisions that come from Cannon on the case be used as legal precedent in related cases? Not that legal precedent has much meaning in our high courts these days.
District court opinions are not binding on other district courts or on courts of appeals. And while decisions from extremely well-regarded district court judges may have some impact on other district court judges considering an identical or similar issue, that certainly won't be the case with respect to anything from Judge Cannon.
That was indeed pretty depressing, despite the last several positive paragraphs. I think I might have to eschew all coverage, as much as I can, at least, because as a retired man who is 80% empath, I can't take subject myself to 24/7 coverage. I can't. We have been dealing with him since before he slithered down the escalator to announce he was running. I do remain hopeful she will be ousted or do what's right. Call me crazy, I guess.
I’m sorry that I couldn’t provide more hope on this. It is indeed an unfortunate mess we are in by stroke of bad luck, but I am confident that Smith will navigate these waters as well as anyone could.
Smith knew what he was going to be confronting in Florida, but he did not choose D.C. for fear that the ex-president would call for a venue change, thus creating a delay (the first of many we can probably anticipate). He also knew there was a chance Loose Cannon would be the presiding judge, but he has enough experience and enough self-confidence to have chosen Florida regardless.
There is no guarantee that a different judge would be entirely fair, either.
Also to consider is that if Smith requests that Cannon recuse herself, he would weaken his position and expose himself to accusations of partisanship, which is exactly why Garland appointed him as an independent special counsel in the first place. He shouldn't jeopardize that.
I heard on MSNBC, as I turned it on while I grabbed a quick dinner, that Smith stared at or toward the ex-president during the entire arraignment. He is a man not to be messed with.
For a clear detailed explanation of the use of classified documents in the case, see today’s ‘Civil Discourse’ by Joyce Vance, former US Attorney for the Northern District of Alabama.
The Special Counsel's investigation of 1/6 is still on-going. If a WashDC Grand Jury votes to indict, it seems to me that case would be tried in the WashDC Federal Court where the event took place. If that happens, Trump likely would not get a Cannon clone and you would have a jury pool more likely to convict than in "Floriduh".
I think the Loose Cannon is in over her head and will do all she can to help Trump, whether it is obvious or concealed.
She’s another spoke in the wheel that revolves around Trump. She, and the insurrection caucus that is doing their utmost to obscure Trump’s culpability (and their own, SEE: Jan 6), is part of a group who all believe they will play an important role in Trump’s *Play of Vengeance* when he gets re-elected.
If he fails to get re-elected, they lose their protector and become vulnerable to accountability.
For judges that are actually at least partially qualified, I would agree, but Cheetolini often appointed people with little to no relevant experience, and these unqualified political hacks are completely untrustworthy. Maybe they'll surprise us and actually follow the law (at least if someone explains it to them), but sadly, that's likely to be the exception.
With the right-wing fanatics in congress screaming loudly about how "unjust" and political the indictment is, the public is being set up to excuse nearly any shenanigans she commits.
I feel like our country is on the brink of a great black hole, and everytime we take a step away we get pushed two steps toward it. Thanks for being a lifeline I can hold on to throughout all this uncertainty
And PLEASE, continue to be our lifeline! Thanks Jay, for educating us on this absolutely CRAZY situation that none of us have experienced and are praying 🙏 that we survive this
Your later comments reflect what I expect: She's chastened and will try to be fair, but she simply won't be up to the challenge of the classified materials element of this case.
Here's a question: were her previous corrupt actions (stealing jurisdiction that didn't belong to her, appointing a special master, blocking the JD from using rightfully collected evidence, and generally prejudicing opinions through legal sounding arguments that were outside the law) all prior to being rebuked by the circuit court, or has she already been given a warning and a chance and spit on it?
I am a logical thinker and don't get sucked into conspiracy theories but come on, it cannot be just a mere coincidence that Cannon got "randomly" picked for this role. Computer programs can be manipulated by sympathetic people with access. I hope she is removed but who knows? As much as she loves Trump and is controlled by loyalists I can't believe she is so stupid as to rule like she did in the last case. I know there a loyalists in jail who wouldn't turn on Trump but she's relatively young and should have many years ahead of her. Does she really want to throw all that away for Trump? I'm actually more concerned that she could rule wisely in the beginning then tank the whole case at a later date in favor of Trump when it's too late to replace her.
If there is a way to take Judge Cannon off the case it should be done quickly. She has no integrity. I wouldn’t trust her to be impartial in any circumstance.
Might the circuit court step in on its own early on? They undeniably understand that there is an appearance of bias here, and that any acquittal coming from Cannon will be seen as political bias of the court by the bulk of society, legal scholars, and history itself. Shouldn't they be eager to resolve that rather than having her suspected and under scrutiny the whole trial, and any acquittal making the courts' impartiality suspect far and wide? I would love for this to move forward and see even this corrupt judge find him guilty, but if she thinks that there is even a small chance of reaping the rewards of getting Trump off, I'm betting she continues her previous, repeated behavior.
My concern about Judge Cannon, is that like Clarence Thomas, she does not have a judicial mind of her own. She is placed into her role by the Federalist Society hierarchy because she is a member and can be counted on to be like Justice Barrett, in a docile role when it comes to the men who run things. So, I can see her sacrificing her career for the good of the Federalist Society, believing that they will come back in power and protect her career. So, I hope that she is removed before the final decision is made, and it is not made many years down the road.
A mentor early in my adult life gave me great advice: It is not enough to do the right thing. You must look like you do the right thing. The important piece of that is how we assess trust. And from any angle (unless she overplays the impartiality to the hilt), it is a stretch to see her as trustworthy.
Well put.
Rather than hoping for a recusal, voluntarily or by motion, I am hoping that Smith will seek an indictment in NJ for the dissemination of classified material (the Iran document, the map) by Trump in Bedminster. And that Smith (and DA Willis in Fulton County, Georgia) will seek (and obtain) an indictment soon for the 1/6 insurrection with the same narrative force and evidentiary support as the documents indictment that he, Smith, obtained in Florida. There is thankfully nothing Judge Cannon would be able to do to undermine such prosecutions. .
Can any decisions that come from Cannon on the case be used as legal precedent in related cases? Not that legal precedent has much meaning in our high courts these days.
Unlikely. These are very different matters.
District court opinions are not binding on other district courts or on courts of appeals. And while decisions from extremely well-regarded district court judges may have some impact on other district court judges considering an identical or similar issue, that certainly won't be the case with respect to anything from Judge Cannon.
Thanks, appreciate the knowledge
I don't think that we can trust her. I hope they petition to have her replaced.
That was indeed pretty depressing, despite the last several positive paragraphs. I think I might have to eschew all coverage, as much as I can, at least, because as a retired man who is 80% empath, I can't take subject myself to 24/7 coverage. I can't. We have been dealing with him since before he slithered down the escalator to announce he was running. I do remain hopeful she will be ousted or do what's right. Call me crazy, I guess.
I’m sorry that I couldn’t provide more hope on this. It is indeed an unfortunate mess we are in by stroke of bad luck, but I am confident that Smith will navigate these waters as well as anyone could.
Smith knew what he was going to be confronting in Florida, but he did not choose D.C. for fear that the ex-president would call for a venue change, thus creating a delay (the first of many we can probably anticipate). He also knew there was a chance Loose Cannon would be the presiding judge, but he has enough experience and enough self-confidence to have chosen Florida regardless.
There is no guarantee that a different judge would be entirely fair, either.
Also to consider is that if Smith requests that Cannon recuse herself, he would weaken his position and expose himself to accusations of partisanship, which is exactly why Garland appointed him as an independent special counsel in the first place. He shouldn't jeopardize that.
I heard on MSNBC, as I turned it on while I grabbed a quick dinner, that Smith stared at or toward the ex-president during the entire arraignment. He is a man not to be messed with.
I agree Mim. Also, SCOTUS will be deciding a venue case any day now that could say choose venue wrong and you lose, period.
For a clear detailed explanation of the use of classified documents in the case, see today’s ‘Civil Discourse’ by Joyce Vance, former US Attorney for the Northern District of Alabama.
yes, it was for me even a bit *too* dense!
After all, your effort to explain everything else was MORE than enough. Thanks!
Here is an even denser version, which everyone should bookmark as the fight over the use of the documents intensifies.
https://www.justsecurity.org/86812/secret-evidence-in-public-trials-protecting-defendants-and-national-security-under-the-classified-information-procedures-act/
The Special Counsel's investigation of 1/6 is still on-going. If a WashDC Grand Jury votes to indict, it seems to me that case would be tried in the WashDC Federal Court where the event took place. If that happens, Trump likely would not get a Cannon clone and you would have a jury pool more likely to convict than in "Floriduh".
I think the Loose Cannon is in over her head and will do all she can to help Trump, whether it is obvious or concealed.
She’s another spoke in the wheel that revolves around Trump. She, and the insurrection caucus that is doing their utmost to obscure Trump’s culpability (and their own, SEE: Jan 6), is part of a group who all believe they will play an important role in Trump’s *Play of Vengeance* when he gets re-elected.
If he fails to get re-elected, they lose their protector and become vulnerable to accountability.
And I’m here for it!
Holy crap, Jay. At least you ended on a somewhat positive note. I guess we just wait and see. Thank you.
How do they Justify, (pun intended) giving THE most important case to THE least experienced judge. Makes no sense at all.
Luck of the draw, but it doesn’t lessen the pain of that.
Being appointed a judge by the defendant should be an automatic recusal.
That isn’t something I agree with, personally. Appointment doesn’t necessarily mean bias.
For judges that are actually at least partially qualified, I would agree, but Cheetolini often appointed people with little to no relevant experience, and these unqualified political hacks are completely untrustworthy. Maybe they'll surprise us and actually follow the law (at least if someone explains it to them), but sadly, that's likely to be the exception.
With the right-wing fanatics in congress screaming loudly about how "unjust" and political the indictment is, the public is being set up to excuse nearly any shenanigans she commits.
Sad. . .
I agree!
I feel like our country is on the brink of a great black hole, and everytime we take a step away we get pushed two steps toward it. Thanks for being a lifeline I can hold on to throughout all this uncertainty
And PLEASE, continue to be our lifeline! Thanks Jay, for educating us on this absolutely CRAZY situation that none of us have experienced and are praying 🙏 that we survive this
Your later comments reflect what I expect: She's chastened and will try to be fair, but she simply won't be up to the challenge of the classified materials element of this case.
I certainly hope this turns out to be true. But if she aggressive for Trump, the move to reassign will only be strengthened.
That would be the time to get her to recuse herself or be removed. Not yet.
Here's a question: were her previous corrupt actions (stealing jurisdiction that didn't belong to her, appointing a special master, blocking the JD from using rightfully collected evidence, and generally prejudicing opinions through legal sounding arguments that were outside the law) all prior to being rebuked by the circuit court, or has she already been given a warning and a chance and spit on it?
Prior, I believe.
I am a logical thinker and don't get sucked into conspiracy theories but come on, it cannot be just a mere coincidence that Cannon got "randomly" picked for this role. Computer programs can be manipulated by sympathetic people with access. I hope she is removed but who knows? As much as she loves Trump and is controlled by loyalists I can't believe she is so stupid as to rule like she did in the last case. I know there a loyalists in jail who wouldn't turn on Trump but she's relatively young and should have many years ahead of her. Does she really want to throw all that away for Trump? I'm actually more concerned that she could rule wisely in the beginning then tank the whole case at a later date in favor of Trump when it's too late to replace her.
If there is a way to take Judge Cannon off the case it should be done quickly. She has no integrity. I wouldn’t trust her to be impartial in any circumstance.
Might the circuit court step in on its own early on? They undeniably understand that there is an appearance of bias here, and that any acquittal coming from Cannon will be seen as political bias of the court by the bulk of society, legal scholars, and history itself. Shouldn't they be eager to resolve that rather than having her suspected and under scrutiny the whole trial, and any acquittal making the courts' impartiality suspect far and wide? I would love for this to move forward and see even this corrupt judge find him guilty, but if she thinks that there is even a small chance of reaping the rewards of getting Trump off, I'm betting she continues her previous, repeated behavior.
Someone would have to file that writ of mandamus. They can’t act without prompting from a party.
Thanks, as always.