Judge Aileen Cannon has the power to DISMISS THE CASE....

[Grasswire2]

.....if Trump's lawyer so moves.

That's what I'm seeing from many knowledgeable people.

Her assignment to this was a 1 in 15 chance.


It seems fairly safe to say that Trump et al gamed this out in advance.

[dalton99a]

1. Was she really chosen at random?

[Kablooie]

17. Yep. Right after discarding the first two choices.

Ok.
I just made that up ….
but it IS Florida so… hmm?

[dalton99a]

18. The Lord works in mysterious ways in Florida

Exhibit A: Bush v. Gore

[H2O Man]

47. It is decided

by a computer. And while it is possible she could ride into court on a motorcycle, sporting mirrored shades and smoking a cigar, then dismiss the case, the possibility is so remote that we need not concern ourselves with any of those possibilities more than the others.

[Frasier Balzov]

2. Appealable presumably, and almost certainly would be.

[AZSkiffyGeek]

4. No, it was a set up to make Garland, Smith and the Democrats look like fools!

He’s such a stable genius!!!!

[PortTack]

5. Well said..because we all known this highly educated Harvard law school graduate chosen to

Be a lead prosecutor at The Hague can’t walk and chew gum at the same time

[GenThePerservering]

6. Thus has been chewed to death here. nt

[PortTack]

7. Yup..the last time she tried to make a stand for the orange anus, nothing worked out for him

Except some delays, a few days a week or so at best. she was dressed down by the 11th circuit and had everything she suggested totally reversed. So…say again how that worked out so well for tfg??!!

[chowder66]

8. Joyce Vance says

@halfdebate
Question: If defense makes a motion to dismiss before things even get started and Judge Cannon agrees, is there anything DoJ can do? Could an appellate void the ruling?

@JoyceWhiteVance
Yes, you can appeal a dismissal before jeopardy attaches (usually when the jury is sworn in with a few minor exceptions)

Link to tweet

[Marius25]

29. Notice the caveat of before jeopardy attaches.

Once the Jury is seated, the defense can ask for directed verdict for a dismissal. If she grants it, double jeopardy attaches and Trump goes free and can't be recharged with those crimes in federal court.

[chowder66]

37. Yes but it makes me think that if this were to happen SC would move to have her removed.

[Marius25]

38. It's too late at that point.

If the jury is sworn in, and she dismisses, double jeopardy is attached and all 37 charges are void and can't be charged again.

[chowder66]

39. Shows you what I don't know. Thanks.

[liberalmediaaddict]

9. Cannon being assigned is simply bad luck

Heard a legal analyst speculate that Jack Smith chose to try the case in Florida to avoid it being thrown out for being the wrong venue. His team knew their was a chance Aileen Cannon could be assigned the case but figured that was highly unlikely. As in a "1 out of 15" chance.

I imagine Smith and his team let the expletives fly when they found out Friday morning that their old nemesis Judge MAGA Cannon was picked.

Just another reminder of how hard it's going to be to hold Trump legally accountable. The chances of getting a Trump appointed judge in any of these cases is high. And most of his corrupt judges won't recuse even though they have an obvious conflict of interest.

Guessing that's why Trump was in such a good mood at his speech even though he's going to be arrested Tuesday. He knows this judge is going to be part of his defense team.

Hopefully DOJ catches a break on Tuesday and Cannon is replaced. The odds aren't great though.

[onenote]

25. It appears that almost no-one fully understands how the assignment process works

And that includes me.

But... in all likelihood, the "pool" of potential judges was smaller than 15. It would make sense for there to be a way for the clerk to take into consideration the current workload of the available judges so that cases are distributed more evenly and a big case doesn't end up being assigned to a judge that already has a full plate.

Is that how it works? I don't know for certain, but it would make sense.

[HubertHeaver]

10. Judge Cannon will recuse herself.

Twitter.com/ElephantWatcher/status/1667279950414744273/photo/1

Type that into your searchbar. You will see why recusal is desirable for her.


I am working on an Amazon Fire and don't know how to copy/paste on this thing.

[viva la]

11. If she cares about her future judicial career

She will recuse.

But Trumpers become perverse, losing all natural sense of self-preservation in their allegiance to this man who would walk on them if they fell down in the street.

[Marius25]

28. No she won't. She's a MAGA judge. They don't recuse

She will see this as a huge boost to her profile among the MAGA cult, and if Trump manages to win again, he'll make her a Supreme Court justice.

[Arazi]

32. She's in the cult. Dismissing this case will only ELEVATE her standing with Republicans

No way she recuses and I won’t be at all surprised if she moves to dismiss it.

She’s a judge *for life*

[apcalc]

12. DISMISS? Will NOT happen, imo. Too serious.

[Resistance1]

13. The question would be

On what grounds? Especially in light of the evidence?

[Doc Sportello]

14. These 'no big deal" responses are misguided

Just saw a well-known Georgia attorney on CNN say he doesn't expect Smith to even file a motion to get her recused, or that she will recuse herself. Those who think they have some special knowledge that this will happen or this won't happen don't know what they are talking about.

But "she's worried about her career". We heard the same thing about Bill Barr and he lied about the Mueller report while he was in office. Just trust Smith, he knows what he's doing and it's wrong to question anything about the case. The fact that this is a discussion forum aside, we heard the same thing about Mueller. What came of that?

Again, we don't know what is going to happen and that applies to those making claims on either side of the Cannon situation.

[dalton99a]

15. She doesn't have to care about her career. Her appointment is for life.

Her previous performance was brazen and shameless.

[ancianita]

16. The 11th ruled that she had no jurisdiction over the first documents case, so it should stay

consistent, overrule the Miami clerk, and to maintain judicial integrity, replace Cannon on jurisdictional grounds. Again.

[onenote]

22. The lack of jurisdiction wasn't based on her being assigned the special master case

It was because as a matter of law, no court had jurisdiction over the case. It wouldn't have mattered what judge was assigned the case. The Court of Appeals would have come to the same conclusion.

[brooklynite]

19. ...and DOJ has the power to appeal any such arbitrary ruling.

At least the conspiracy theories are new and improved.

[Marius25]

24. You can't appeal a directed verdict after the jury is seated.

Double jeopardy is attached.

[we can do it]

20. We have the power to stop repeating crap.

[Roisin Ni Fiachra]

21. This is so very wrong. I feel abused, and violated.

I may never be the same again. I keep thinking, "how the f**k is this even possible?" over and over.

[Marius25]

23. You are correct. If the Jury is seated and she dismisses the case

There is no way to appeal it and Trump goes free.

That's why many of us have been alarmed over her being picked as the judge.

[dalton99a]

26. +1. In the previous case Cannon went out of her way to help Trump at every turn

There is every reason to believe she will do so again

https://www.businessinsider.com/trump-indictment-plan-judge-aileen-cannon

So you think they've got Trump right where they want him, eh? Wait till you hear what this former federal prosecutor turned high-end defense attorney has to say
Nicholas Carlson

...

"But sometimes," White said, "Judges just don't give a shit and Judge Cannon's behavior in this case in the past was several very long strides in this direction of don't give a shit."

"She can delay things forever by making rulings that can't be appealed. She can make rulings that while they don't tank the case, make it very difficult, like excluding evidence by saying evidence was wrongfully gathered," White said. "And that can be something that has a very unfavorable standard on appeal."

"So, for instance, if she started to rule all these statements Trump made, 'that's too prejudicial. It's unfair. I'm keeping it out.' If that goes up on appeal, that's an abuse of discretion standard. And normally, you can't appeal it before the case."

"Most drastically, she can do things that can't be repaired. Once a jury is impaneled, she can dismiss the case. And there's not a goddamn thing anyone can do about it. Double Jeopardy attaches; you're done. She can grant a motion for directed verdict of acquittal after the government's case. And then we're done. You can't be retried, can't be reviewed. It's over."

...

[Prince99]

41. Double Jeopardy -New Jersey

Busy weekend, is there any truth that Jack Smith held on to filing in New Jersey or was this all speculation and simply not true. I only ask what if things go south in south Florida and judge does muck it up, could he then file charges in Jersey? Also, does double jeopardy apply for all courts/states? I think these are federal crimes so I think I just answered my own question.

[onenote]

30. In general, motions to dismiss can be filed pre-trial or after the close of the prosecution's case

The federal rules of criminal procedure require certain motions to dismiss to be filed pre-trial. If a motion to dismiss file pre-trial is granted, it is appealable. If it is denied, the judge will not entertain a new motion until after the prosecution has presented its case.

[Marius25]

31. Right, but then the defense could request directed verdict

after the prosecution presents it case, and if she grants it, double jeopardy is attached and no appeal.

[Arazi]

33. Marius, can #Traitor ask for a bench trial?

[Marius25]

34. He could request one yes.

The prosecution would have to approve it too I believe as would the Judge since there's not a Constitutional right to a bench trial.

[Arazi]

35. Thanks. So at least that's not gonna happen

[Marius25]

36. Well, it's unlikely but Judge Cannon could grant him one

I think the DoJ would appeal that though since it's bad enough her being on the case at all, much less being the final arbiter of the verdict.

[grantcart]

40. She was not assigned this case by random action

The clerk assigned it to to her because it was an existing action from the litigation resulting from the search warrant. Trump attorneys picked her to request the special master etc.

District 11 controlled the decisions then and now. All of her significant rulings were overturned very quickly. That control continues today.

[Marius25]

42. Joyce Vance said it was random out of a pool of 7 judges

The 11th Circuit has no power to stop her during the trial.

[onenote]

43. Trump was not guaranteed to get her as the judge in the Special Master case.

How do we know this? Well, consider that Trump filed his RICO case against Hillary Clinton in the same Fort Pierce Division. But the case wasn't assigned to Cannon. It was assigned to Judge Donald Middlebrooks, who operates from the West Palm Beach division.

There is a lot of speculation about how and why Cannon was assigned to the Special Master case and how and why she's been assigned to the new criminal case. But it appears that those speculating don't actually know the ins and outs of how cases are assigned in the SDFL. And, FWIW, on the "Certificate of Trial Attorney" filed by DOJ along with the indictment, the following question was answered "No": Does this case relate to a previously filed matter filed in this District Court?"

So the 11th Circuit has no continuing jurisdiction over this case simply because of the previous case.

[grantcart]

44. They showed the copy of the certificate that the clerk filled out

that had her name and the name of the original judge who signed the search warrant.


Everything she does until the trial starts is accountable to the 11th district.

Cannon doesn't even sit at the Court House where it is being tried, would not have been in the pool of random judges for it and if she continues will have to drive an hour from the Court she is assigned every day.

There is a video by Michael Popok (MTN) which I can't find but he practices in FL and appears before Federal court there. He went over the document which he had a copy of and showed the box checked by the clerk who he identified (and knows). It showed

There are 7 Federal Court Houses in Miami Dade County and Cannon sits in one of the other Courts but was assigned this by the clerk because she marked the continuing action box. She will have to commute to a Court she normally does not sit if she does not recuse

Judge Cannon sits at the Alto Lee Adams Courthouse at Fort Pierce Florida. Trump is called to go to the Court in Miami, 140 miles from where Cannon sits and where the earlier motions were heard. The only reason a judge would be picked to travel to another court is because it was marked as a continuing action.

As far as "insurance and outs" Popok appears regularly in these courts and even knows the clerks.

[grantcart]

45. Here is the video

It was posted in GD earlier
He explains why she is initially assigned this indictment:

1) She is not assigned as a presiding judge but as the magistrate judge for the indictment
2) The clerk is Angela Nobel lives in Miami where the indictment was handed down.
She noted that it is a referral to case 23-801 which listed Cannon/Rinehart as the judge/magistrate checked the box of a related case which was regarding the search warrant
3) At this point she is only assigned as the magistrate for initial hearing, not necessarily the presiding judge for the trial.

He thinks she will likely recuse but if not expects the DOJ to ask for a reassignment.

The case will be heard in Miami and almost never is the presiding judge picked from another court. He said that if she is the judge she will have a 3 hour commute.

He explains that if she doesn't recuse herself then the reassignment issue would be handled by the 11th circuit.

[dalton99a]

46. Noble said Cannon's assignment is permanent

Asked over email whether normal procedures were followed and Judge Cannon’s assignment was random, Ms. Noble wrote: “Normal procedures were followed.” ...

The clerk clarified another matter: whether Judge Cannon would continue to handle the case. Since news of Judge Cannon’s assignment emerged early Friday, observers have speculated that it could only be an initial assignment before being handed to another judge.

But Ms. Noble confirmed that no court practice would return the case to be assigned to another judge. In short, Judge Cannon’s assignment is permanent unless she were to step aside.

https://www.nytimes.com/2023/06/10/us/politics/judge-aileen-cannon-trump-documents.html
https://archive.ph/rXL95

[onenote]

49. He says he "thinks" the clerk treated it as a related case. But he doesn't know that.

He says "she noted that it is a referral to case 23-801" and "checked the box of a related case which was regarding the search warrant."

Well, that could be, but he certainly doesn't show us the documentation where she "noted" the related case status of the indictment or where she "checked the box." The document he showed us is a copy of the indictment that, as he says, we've all seen. As far as I can tell he's just speculating. And it is curious that the one document we do have access to -- the trial attorney certificate attached to the indictment at the time it was filed -- expressly indicates that this case is not related to any previous case. The case number assigned to the case brought by the Special Counsel -- 23-80101-CR -- has no relationship to the case number assigned to Trump's challenge to the search warrant filed in August 2022 -- 22-81294-CIV.

My initial reaction was similar when I heard Cannon was assigned the case -- that it probably was because it was a related case. But nothing I've seen so far, including the video from Medias, shows that to be more than speculation.

Finally, my apologies and mea culpa if I somehow missed where he showed "the certificate that the clerk filled out". If it's on the video, can you point me to where it was shown?

[WarGamer]

48. She does. She won't.