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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump Judge Aileen Cannon Is A Hack... But Maybe Also A Cowardly Hack?
https://abovethelaw.com/2023/06/trump-judge-aileen-cannon-is-a-hack-but-maybe-also-a-cowardly-hack/'Judge Cannon made herself a legal laughingstock earlier in this investigation by inserting herself into the fight over the search warrant that turned up all these top secret documents lounging by the Mar-a-Lago pool. Cannon lacked any jurisdiction to embark on a civil challenge as an endrun around a criminal investigation, a lesson she learned the hard way when an all-conservative panel of the Eleventh Circuit excoriated her for mucking up remedial procedure. But up until the appellate court put a stop to her nonsense, Judge Cannon seemed content to throw caution and the rule of law to the wind to give Trumps lawyers whatever they wanted.
How bad could it get if Judge Cannon remains on this case? Well Rule 29 is what used to be known as a directed verdict and authorizes a judge to acquit the defendant regardless of jurys verdict. In theory, a faulty indictment or a government case long on bluster and light on law, could sway a jury to find guilt where the law cant support it. If the judge puts off this motion until after a guilty verdict, the government can appeal to get the guilty verdict affirmed. If the judge issues this ruling before a verdict, as Professor Kerr notes, Double jeopardy attaches and the case ends, for those wondering....So thats bad.
But would she actually do that?...while Judge Cannon is definitely cut from the bad faith cloth, when faced with a Rule 29 nuclear option, its hard to imagine shed turn the key...Because shes proven herself a bit of a scaredy-cat. Even at the height of her shenanigans on behalf of the Trump cause, when she asserted (wrongly, it turns out) that she had authority over the Trump warrant, she still seemed to hope that the much more experienced and competent special master, Senior Judge Raymond Dearie, would handle it...We never have to know thanks to the Eleventh Circuit, but it seems likely Cannon wouldve thrown up her arms and told MAGAworld that she tried...After suffering a brutal benchslapping, normal judges exercise a lot more caution when the matter comes back around...Now the stakes are far too high to bank on her own fear of joining history for the wrong reasons. The Department of Justice should ask her to recuse herself from the case given her prior role and, in the alternative, bump that motion up to her avowed non-fans on the Eleventh Circuit...'
dalton99a
(94,119 posts)She's exposed her bias, she needs to pass on hearing this case. It's far too important for a fucking inexperienced novice for krissakes.
Scrivener7
(59,522 posts)And how sad that she is just one of the dozens of flying monkeys he seeded into high court positions.
TheBlackAdder
(29,981 posts)Deminpenn
(17,506 posts)wheel of judges. But perhaps the 11th Circuit will remove her if for no other reason than to lessen their own workload that would come with having to hear the appeals of her nonsensical rulings.
gab13by13
(32,321 posts)She was randomly chosen twice, she was 1 of 15 judges, what are the odds of that happening?
She has no business presiding over the case. She was reprimanded by the Appeals Court judges for interfering in an FBI search warrant.
If she does not recuse herself then DOJ needs to request that she recuse herself.
If she is the judge then I guarantee that a Trump trial will not happen until after the election.
Deminpenn
(17,506 posts)The first time Trump's lawyers went judge shopping and got their case in front of her. Same as all those culture war cases filed in TX end up in front of Kasczmerek.
If she doesn't recuse herself, the legal talking heads seem to think DoJ will ask that she be recused, but also that the request will be a long shot.
gab13by13
(32,321 posts)Do we have a link?
LiberalFighter
(53,544 posts)Deminpenn
(17,506 posts)There are boxes to select the jurisdiction where DOJ wants the case tried. The box for WPB (West Palm Beach) is X'd in. Smith et al must have known that by selecting that jurisdiction, there was a chance they could end up with her. They must also have known she could be assigned to the case given her previous involvement with the case even if she did wrongly insert herself into it.
PuraVidaDreamin
(4,611 posts)Would that postpone Tuesday's arraignment?
gab13by13
(32,321 posts)a Magistrate judge is doing that.
BigmanPigman
(55,137 posts)She looks like another one of his crazy cult and I doubt she is leaving her tRump flag at the door of the courthouse. She has a tRump flag wrapped around her brain and will be loyal to her dear leader. I expect the worst from her. I am a realist.
BootinUp
(51,323 posts)check the tweet again.
BigmanPigman
(55,137 posts)honest.abe
(9,238 posts)to work out a "deal" that would be benefical for both Trump and her.
2naSalit
(102,793 posts)Harlan Crow or the guy that pushed for nomination. Someone is instructing her. She doesn't strike me as being competent enough for something this huge.
Also
She's a novice with so little experience that it would be negligence on the part of the 11th circuit to allow her to hear this case.
tinrobot
(12,062 posts)That judge could be a great way to knock out his #1 opponent.
In fact, I bet a lot of GOP candidates want to talk to her.
RAB910
(4,030 posts)It's how the right-wing propaganda machine manipulates them
PuraVidaDreamin
(4,611 posts)I could use a tutorial.
NoMoreRepugs
(12,076 posts)honest.abe
(9,238 posts)peppertree
(23,343 posts)The rest is negotiable, as far as that one's concerned.