General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI 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.
gab13by13
(32,789 posts)JanLip
(862 posts)Now I can pull my heart out of my stomach and put my eyes back in their sockets.
Jan.
agingdem
(8,958 posts)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
Tommy Carcetti
(44,587 posts)It's likely a courtesy copy.
agingdem
(8,958 posts)he still receives notices of pending litigation involving former clients...my husband died almost seven years ago...
Tommy Carcetti
(44,587 posts)To stave off the Hair-on-Fire threads.
AZSkiffyGeek
(12,744 posts)But maybe some people who are better at counting will see it...
Marius25
(3,213 posts)AZSkiffyGeek
(12,744 posts)I'm sure you have a link to that.
Marius25
(3,213 posts)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)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)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)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)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)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)Unless they choppered her there.
carpetbagger
(5,516 posts)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)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)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)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)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)PatSeg
(53,554 posts)cilla4progress
(26,526 posts)initial assignment is to Cannon and Reinhardt.
Tommy Carcetti
(44,587 posts)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.
PortTack
(35,824 posts)D23MIURG23
(3,138 posts)Lulu KC
(8,901 posts)Florida Dem
(57 posts)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.
Tommy Carcetti
(44,587 posts)Kid Berwyn
(25,109 posts)Judge Cannon is lucky she wasn't disbarred for the strings she has pulled to help the traitor.
"Insufficient evidence," they said.
https://www.law.com/nationallawjournal/2022/12/06/judge-dismisses-ethics-complaints-accusing-aileen-cannon-of-bias-in-trump-special-master-order/?slreturn=20230509121927
Ask Gov. Don Siegelman about Chief Judge William Pryor.
https://donsiegelman.org/portfolio-item/bill-pryor/
BumRushDaShow
(172,291 posts)from here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3086006
Link to tweet
@JoyceWhiteVance
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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
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Jun 9, 2023
@JoyceWhiteVance
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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
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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
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9:47 AM · Jun 9, 2023
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Jun 9, 2023
@JoyceWhiteVance
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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
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Joyce Alene
@JoyceWhiteVance
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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
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Jun 9, 2023
@JoyceWhiteVance
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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
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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
Stinky The Clown
(68,964 posts)republianmushroom
(22,720 posts)Tommy Carcetti
(44,587 posts)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.
summer_in_TX
(4,277 posts)Reassuring.
And it makes total sense.
DemocraticPatriot
(5,410 posts)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)Link to tweet
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 Cannons 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 courts 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. Trumps 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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