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Tommy Carcetti

(44,587 posts)
Fri Jun 9, 2023, 10:03 AM Jun 2023

I think people might be misinterpreting the Judge Cannon thing. (With update.)

Last edited Fri Jun 9, 2023, 04:08 PM - Edit history (3)

Court filings for the arraignment include her name. People assume she's been assigned to hear the arraignment.

The arraignment is in Miami.

Judge Cannon sits in Fort Pierce, which is over 100 miles north of Miami.

It would make no sense for one judge to travel 100 miles down to a place where there are multiple judges available to hear the case.

However, Judge Cannon did notoriously oversee the review of the documents that formed the basis for these charges.

Therefore, it's possible--and likely even, considering the logic of the situation--that her name was included simply because of her prior involvement on the case, not because she's been assigned to hear it.

Electronic court filings typically have a broad service list that includes all lawyers and individuals who have been involved in the case at some point.

UPDATE:

See Page 45 of indictment.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf

The government specifically requests a trial in the West Palm Beach Division. The box is specifically checked.

The Fort Pierce Division box is not checked. That's where Cannon is located.

Yes, it is weird that both Cannon and Reinhart's names are on it. (The two judges who were actually charged with handling pre-indictment proceedings.) But I don't think that means much in the end.

Cannon's not getting this case.

38 replies = new reply since forum marked as read
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I think people might be misinterpreting the Judge Cannon thing. (With update.) (Original Post) Tommy Carcetti Jun 2023 OP
ABC needs to post a retraction, gab13by13 Jun 2023 #1
Yes retract ABC JanLip Jun 2023 #2
Magistrate Judge Bruce Reinhart agingdem Jun 2023 #3
Exactly. Tommy Carcetti Jun 2023 #4
My husband was a practicing attorney for almost 50 years.. agingdem Jun 2023 #22
Kick. Tommy Carcetti Jun 2023 #5
Sdly it won't help with that crowd AZSkiffyGeek Jun 2023 #6
You told me yesterday this would never happen Marius25 Jun 2023 #8
Did I? AZSkiffyGeek Jun 2023 #9
Her location is irrelevant. Marius25 Jun 2023 #7
But it's doubtful they would bring her 100 miles south to Miami to hear the arraignment. Tommy Carcetti Jun 2023 #11
are you saying mohamed can't be brought to the mountain? getagrip_already Jun 2023 #14
Have you ever dealt with South Florida traffic? Tommy Carcetti Jun 2023 #15
no, but I have been to gitmo..... getagrip_already Jun 2023 #17
Courts have cost management controls, though. Tommy Carcetti Jun 2023 #21
Agreed -- The stretch from Boca to Miami alone takes forever obamanut2012 Jun 2023 #18
I'm sure Trump would pay for it. carpetbagger Jun 2023 #36
Just replying to say In It to Win It Jun 2023 #29
The case number assigned is in her docket..... getagrip_already Jun 2023 #10
the quote from the article GenXer47 Jun 2023 #12
Why would arraignment be in Miami then? Tommy Carcetti Jun 2023 #13
Kick. nt Tommy Carcetti Jun 2023 #16
Thank you PatSeg Jun 2023 #19
WAPO confirming cilla4progress Jun 2023 #20
Those were the two judges who handled the pre-indictment phases of the case. Tommy Carcetti Jun 2023 #23
Thanks for the expert summation PortTack Jun 2023 #24
Thanks for your insight, that's good to know. n/t D23MIURG23 Jun 2023 #25
Thank you n/t Lulu KC Jun 2023 #26
Judge Cannon Potential Impacts Florida Dem Jun 2023 #27
Yes, mom. nt Tommy Carcetti Jun 2023 #28
Completely agree. Kid Berwyn Jun 2023 #31
A Joyce Vance mini-twitter thread was posted in the LBN thread that is instructive BumRushDaShow Jun 2023 #30
I trust her and her opinion Stinky The Clown Jun 2023 #33
Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources republianmushroom Jun 2023 #32
Page 45 of Indictment: Tommy Carcetti Jun 2023 #34
Thank you for this! summer_in_TX Jun 2023 #35
I hope she will not be in charge of the balance of the trial--- DemocraticPatriot Jun 2023 #37
The chief clerk of court... confirms that Cannon has the case for the duration absent any recusal. demmiblue Jun 2023 #38

JanLip

(862 posts)
2. Yes retract ABC
Fri Jun 9, 2023, 10:13 AM
Jun 2023

Now I can pull my heart out of my stomach and put my eyes back in their sockets.

Jan.

agingdem

(8,958 posts)
3. Magistrate Judge Bruce Reinhart
Fri Jun 9, 2023, 10:17 AM
Jun 2023

is also included in the filings..Reinhart signed off on the MAL search warrant..you can bet Jack Smith and his team were prepared for this..should be interesting to see how all this plays out..the sky is not falling

agingdem

(8,958 posts)
22. My husband was a practicing attorney for almost 50 years..
Fri Jun 9, 2023, 11:23 AM
Jun 2023

he still receives notices of pending litigation involving former clients...my husband died almost seven years ago...

AZSkiffyGeek

(12,744 posts)
6. Sdly it won't help with that crowd
Fri Jun 9, 2023, 10:36 AM
Jun 2023

But maybe some people who are better at counting will see it...

 

Marius25

(3,213 posts)
7. Her location is irrelevant.
Fri Jun 9, 2023, 10:42 AM
Jun 2023

She's in the southern district. The court house for the entire district is in Miami. So yes, she can be assigned to the case. The crimes weren't even committed in Miami - they were committed 30 miles south of Fort Pierce.

Tommy Carcetti

(44,587 posts)
11. But it's doubtful they would bring her 100 miles south to Miami to hear the arraignment.
Fri Jun 9, 2023, 10:53 AM
Jun 2023

The Fort Pierce courthouse is basically a small outpost of the SDFL, whereas the Miami courthouse is the large de facto main courthouse of the SDFL.

There are roughly 2 dozen judges in the Southern District of Florida. Cannon's literally the only one based out of Fort Pierce.

https://www.flsd.uscourts.gov/district-judges

Perhaps if the arraignment was in Fort Pierce, they might bring up someone from another courthouse if the sitting Fort Pierce judge was indisposed.

But the opposite? Highly unlikely.

That would have her leapfrogging two larger satellite courthouses in West Palm and Fort Lauderdale.

getagrip_already

(17,802 posts)
14. are you saying mohamed can't be brought to the mountain?
Fri Jun 9, 2023, 10:59 AM
Jun 2023

We have judges that hear cases in gitmo for example. They don't live there. They travel for court appearances.

same in alaska. Judges move between courthouses depending on cases heard.

Tommy Carcetti

(44,587 posts)
15. Have you ever dealt with South Florida traffic?
Fri Jun 9, 2023, 11:03 AM
Jun 2023

I have.

I-95 is a bear. 100 miles through mostly urban areas is not pleasant. The Golden Glades interchange alone will do a number on you.

If I'm a judge in Fort Pierce--the only judge in Fort Pierce--no way would it make sense for me to travel 100 miles through heavy traffic to a courthouse where they literally have a dozen judges to hear the case.

getagrip_already

(17,802 posts)
17. no, but I have been to gitmo.....
Fri Jun 9, 2023, 11:14 AM
Jun 2023

You can't just fly in, hear a case, and be out the same day (or even 2). even a 1 hour conference is a 3 day trip, and that is if you have a private charter available to you.

So the federal courts manage. My guess is she would have local accomadations and a car and driver, or helicopter service to/from. She would come in ahead of scheduled court dates and leave after.

Her preferred location isn't critical to assignment. It would be her choice to turn it down if she didn't like the details. The court won't care she has to commute.

Tommy Carcetti

(44,587 posts)
21. Courts have cost management controls, though.
Fri Jun 9, 2023, 11:19 AM
Jun 2023

Gitmo is nothing like this because it's literally its own island.

So if the case were assigned to Cannon--who most likely lives in the Treasure Coast (Fort Pierce) area--in terms of costs, it would make sense for the arraignment to be scheduled in Fort Pierce, rather than the cost of transporting her to Miami and putting her up in a hotel, all for her hearing a case in a courthouse with literally a dozen other judges to hear it.

obamanut2012

(29,512 posts)
18. Agreed -- The stretch from Boca to Miami alone takes forever
Fri Jun 9, 2023, 11:15 AM
Jun 2023

Unless they choppered her there.

carpetbagger

(5,516 posts)
36. I'm sure Trump would pay for it.
Sat Jun 10, 2023, 12:19 AM
Jun 2023

I'll just hope that Clarence Thomas wouldn't be the one assigned to review the motion to remove her as the trial judge.

In It to Win It

(12,827 posts)
29. Just replying to say
Fri Jun 9, 2023, 11:59 AM
Jun 2023

Just replying to say that the District has several courthouses. The District is headquartered in Miami. The District's main offices are in Miami.

getagrip_already

(17,802 posts)
10. The case number assigned is in her docket.....
Fri Jun 9, 2023, 10:51 AM
Jun 2023

Might just be administrative trivia, but judges cases are organized into dockets. The docket numbers directly relate to the parent docket; like files in a folder.

One of the major news outlets reported that the indictments are assigned to cannon's docket number.

That is not a good coincidence.

 

GenXer47

(1,204 posts)
12. the quote from the article
Fri Jun 9, 2023, 10:54 AM
Jun 2023

ABC News was provided a case number that was part of the written summons and according to the federal court filing system PACER, that case number matches a docket under "Judge AMC." Cannon's full name is Aileen Mercedes Cannon.

Tommy Carcetti

(44,587 posts)
13. Why would arraignment be in Miami then?
Fri Jun 9, 2023, 10:56 AM
Jun 2023

Why wouldn't it be in Fort Pierce?

Or at a bare minimum, West Palm Beach, closest to the scene of the crime?

I think we have to wait and see, but I think it's highly unlikely Cannon actually ever hears this case.

Tommy Carcetti

(44,587 posts)
23. Those were the two judges who handled the pre-indictment phases of the case.
Fri Jun 9, 2023, 11:24 AM
Jun 2023

Neither are based in Miami, where the arraignment's at.

It's possible they are listed as default judges specifically for their prior involvement. I don't know--and I would venture to even say I don't think--if either will handle the actual criminal case. Tellingly, the fact they are both on there might be a sign that neither is intended to handle the trial phase of the case.

Now, I admit I'm not a federal criminal lawyer. But I don't think it's common for the same judge who handled pre-indictment matters to handle post-indictment/trial proceedings.

Florida Dem

(57 posts)
27. Judge Cannon Potential Impacts
Fri Jun 9, 2023, 11:54 AM
Jun 2023

For those that are dismissing the Cannon angle and deriding those who dare to to disagree with their not-to-be questioned "authoritative" take on this issue, there are some legitimate concerns here. Your name calling (hair on fire, whiners, etc.) is getting old. It's a forum. You post your opinion and others post their opinions. Make you points but please stop with the ridiculing of those who disagree with you.

Now, here's what I have to add to the discussion. CNN's Senior Crime and Justice Reporter, Katelyn Polantz, is reporting that Cannon won't necessarily be the trial judge, but she will play a significant role in shepherding the case to trial. For instance, she will be the individual establishing the timeline and making critical decisions regarding evidence. According to Polantz, she will be a major player for the previously stated reasons as the case moves forward.

Personally, I don't think she should be within a million miles of this case based on her previous malfeasance. It will be interesting to see if she goes all-in again for Trump or if she plays it more down the middle since she will be under such intense scrutiny. Time will tell.

BumRushDaShow

(172,291 posts)
30. A Joyce Vance mini-twitter thread was posted in the LBN thread that is instructive
Fri Jun 9, 2023, 12:11 PM
Jun 2023

from here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3086006




Joyce Alene
@JoyceWhiteVance
·
Follow
1/Before everyone gets too spun up about reports Judge Cannon has been assigned to the Trump case, a little law. I used to be an appellate chief in the 11th Circuit (where Florida is) and I litigated a few appeals where we asked the court of appeals to order a judge to recuse.
9:45 AM · Jun 9, 2023





Joyce Alene
·
Jun 9, 2023
@JoyceWhiteVance
·
Follow
1/Before everyone gets too spun up about reports Judge Cannon has been assigned to the Trump case, a little law. I used to be an appellate chief in the 11th Circuit (where Florida is) and I litigated a few appeals where we asked the court of appeals to order a judge to recuse.
Joyce Alene
@JoyceWhiteVance
·
Follow
2/Altho a judge's behavior in court generally doesn't form the basis for recusal, the 11th Circuit has ordered "reassignment" where a judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question. This is from US v. Martin
Image
9:47 AM · Jun 9, 2023





Joyce Alene
·
Jun 9, 2023
@JoyceWhiteVance
·
Follow
Replying to @JoyceWhiteVance
2/Altho a judge's behavior in court generally doesn't form the basis for recusal, the 11th Circuit has ordered "reassignment" where a judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question. This is from US v. Martin
Image
Joyce Alene
@JoyceWhiteVance
·
Follow
3/This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th won't tolerate the damage it would do to their credibility if she failed to voluntarily recuse.
9:50 AM · Jun 9, 2023





Joyce Alene
·
Jun 9, 2023
@JoyceWhiteVance
·
Follow
Replying to @JoyceWhiteVance
3/This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th won't tolerate the damage it would do to their credibility if she failed to voluntarily recuse.
Joyce Alene
@JoyceWhiteVance
·
Follow
4/It is not clear Cannon is permanently assigned to the case. If she is, it's extremely unlikely it stays with her and as a last resort, DOJ will challenge her participation and win.
10:33 AM · Jun 9, 2023

Tommy Carcetti

(44,587 posts)
34. Page 45 of Indictment:
Fri Jun 9, 2023, 04:04 PM
Jun 2023
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf

The government specifically requests a trial in the West Palm Beach Division. The box is specifically checked.

The Fort Pierce Division box is not checked. That's where Cannon is located.

Yes, it is weird that both Cannon and Reinhart's names are on it. (The two judges who were actually charged with handling pre-indictment proceedings.) But I don't think that means much in the end.

Cannon's not getting this case.
 

DemocraticPatriot

(5,410 posts)
37. I hope she will not be in charge of the balance of the trial---
Sat Jun 10, 2023, 12:22 AM
Jun 2023

That still is not very clear.... We shall see.


I hope you are right, and there will be some other judge presiding over the trial.


demmiblue

(39,944 posts)
38. The chief clerk of court... confirms that Cannon has the case for the duration absent any recusal.
Sat Jun 10, 2023, 07:04 PM
Jun 2023
New: The chief clerk of court in South Florida tells me the assignment of the Trump case to Judge Cannon was random, but certain factors increased the odds she'd get it. Also confirms that Cannon has the case for the duration absent any recusal.




Trump Appointee Will Remain Judge in Documents Case, Clerk Says

The chief clerk of the courts for the Southern District of Florida added that Judge Aileen M. Cannon had been randomly assigned to the case.

The criminal case against President Donald J. Trump over his hoarding of classified documents was randomly assigned to Judge Aileen M. Cannon, a court official for the Southern District of Florida said on Saturday.

The chief clerk of the federal court system there, Angela E. Noble, also confirmed that Judge Cannon would continue to oversee the case unless she recused herself.

The news of Judge Cannon’s assignment raised eyebrows because of her role in an earlier lawsuit filed by Mr. Trump challenging the F.B.I.’s search of his Florida club and estate, Mar-a-Lago. In issuing a series of rulings favorable to him, Judge Cannon, a Trump appointee, effectively disrupted the investigation until a conservative appeals court ruled she never had legitimate legal authority to intervene.

Under the district court’s procedures, new cases are randomly delegated to a judge who sits in the division where the matter arose or a neighboring one, even if it relates to a previous case. That Judge Cannon is handling Mr. Trump’s criminal indictment elicited the question of how that had come to be.

https://www.nytimes.com/2023/06/10/us/politics/judge-aileen-cannon-trump-documents.html

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