Eisen: Aileen Cannon Might Actually Get Herself Kicked Off the Trump Classified Docs Case

[Nevilledog]

https://slate.com/news-and-politics/2024/02/aileen-cannon-trump-classified-disqualification.html

The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.

Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.

In his motion for reconsideration, Smith also argues that Cannon minimizes the risk of real-world harm and witness intimidation these individuals would face. He notes that there is a “well-documented pattern in which judges, agents, prosecutors, and witnesses involved in cases involving Trump have been subject to threats, harassment, and intimidation.” Cannon’s cavalier attitude is dangerous for the potential witnesses whose identities could be revealed. As Smith asserts in his brief, “a court’s duty is to prevent harms to the witnesses or the judicial process ‘at their inception.’ ” Cannon appears willing to abdicate that duty.

In response to Smith’s reconsideration motion, Cannon ordered Trump to respond by Friday. That will set up a dramatic ruling by Cannon: Either she reverses her position—which would be an admission that she was fundamentally mistaken about the law in a way that caused “manifest injustice”—or she leaves her ruling in place, putting individuals in jeopardy and twisting the law to help Trump. At that point, Smith may have enough ammunition to seek her reassignment from the 11th Circuit.

*snip*

[Boomerproud]

1. The time has passed for this to stop. Every ruling she makes is a sorry joke.

Will be watching closely. I hope the media does their job as well, but my belief system has taken a beating in recent years.

[senseandsensibility]

2. Yours and mine both

[maxrandb]

3. She is nothing but a MAGAt hack

[Wonder Why]

20. You left off a few words: "She is nothing but a MAGAt hack who doesn't know enough law to be on the fed bench"

[trusty elf]

21. ...

[SergeStorms]

27. What a great meme!

It's the first time I've seen it.

Trump, the "meat head", complete with Mike Pence's fly. Cannon with her puppet mouth and Trump tiara. 🤣

That's a good one, bone spurs and all.

[COL Mustard]

29. I may never eat

A pork chop again. That might have ruined me for life!

[MiHale]

36. 👍

[vapor2]

30. The steak is hilarious!

[calimary]

33. And so is the burned toast on each upper corner!

[limbicnuminousity]

4. What are the odds that the 11th would intervene?

At least it isn't the 5th. And if the 11th backs Cannon does that then mean the issue can be pursued to the SC?

[ShazzieB]

5. Oh, please, please, please, please, please, please, please!

Getting her kicked off that case would be EXCELLENT news!

Please, please, please, please, please, please...

[Probatim]

6. So who kicks a judge off a case?

Am I dreaming of this or does she have a manager who says her work isn't up to snuff?

[getagrip_already]

9. The 11th circuit court of appeals...

Her boss in affect.

They have the power, but I believe they have only removed one judge from a case in their history.

Still, she already has been reversed twice by them.

[Probatim]

13. Thanks - and that procedure starts with a request from either counsel and their acceptance to review?

Non-lawyer whose only experience is several rounds of jury duty and watching the judge act like a king in his court.

[getagrip_already]

15. Smith has to file a motion for recusal...

But to do that, he needs a reason to file an appeal.

So far, Canon hasn't really made any written orders he could appeal except the one he asked her to reconsider.

Almost all of her orders have been brief minute orders; scheduling orders with little substance. Nothing he could really appeal with a hey, and please remove her note.

So if she refuses to reverse the order exposing sources, then he might use that. Or if she screws up a cipa issue, or.... she has to start making rulings sooner or later.

[Hermit-The-Prog]

7. traitortrump's loose Cannon is a threat to the witnesses and the country.

[Cha]

25. Yes... that's the bottom. the Elephant in the room.

[barbtries]

8. The Meidas Touch has been covering this as well

and their conclusions are the same. all we can do now is wait and see. she'll probably drag it out too. such a tool.

[onenote]

10. Never going to happen. Smith won't even ask for it to happen.

Bank on it.

[getagrip_already]

17. Well, smith does need garlands approval first..

What do you think the chances are that garland would approve his request to do that?

Yeah, about zero. He doesn't have the legal balls.

[onenote]

22. It's not a case of not having the balls. It's a case of not wasting time on a losing motion.

It's being smart, not emotional.

[getagrip_already]

28. Well, that is an opinion...

I'll give you that.

[progressoid]

31. Yep. I won't be holding my breath waiting for this to happen.

[OAITW r.2.0]

11. She'd probably be relieved to get tossed.

She's a lightweight who can't deal with the pressure of a high stakes trial, like this.

[Mr.Bill]

12. That sounds possible,

but why hasn't she just recused herself?

[leftieNanner]

14. She's probably afraid

That TFG will threaten her and send his goons to her house.

[oldsoftie]

39. Yep, MUCH better for HER to be tossed than recuse

"Hey its not my fault'

[dchill]

19. Surely you jest!

[Give Peace A Chance]

40. She is probably on his short list for

Supreme Court, should he win again.

[spanone]

16. Unfuckingbelievable

[NoMoreRepugs]

18. In Jack I Trust.

[AdamGG]

23. She never should have been reassigned after trying to scuttle the case w the Special Master assignment in the beginning

Cannon's initial attempt to insert a "special master" into the case to disrupt it was overturned in strong terms by the appeals court. When the prosecution became active again after that, this case should never have gone back to her. She had already demonstrated strong bias and bad judgment.

I guess the only reason Jack Smith hasn't yet tried to have her recused is because he doesn't feel that the people making the call would decide in his favor and if he's stuck with Cannon, it would just make her even more antagonistic. But, realistically, she couldn't get any worse anyway.

It would be nice to see some investigative journalists look at Cannon's background. It's hard to believe she hasn't had questions of bad judgment and corruption in her life before now.

[Cha]

24. Don't tease us, Eisen & Kolb! TY!

[SergeStorms]

26. She's not fit to judge....

a pie eating contest, let alone a trial involving the country's most secret documents and the traitorous piece of garbage who, at best, mishandled and left them unsecured, and at worst transferred or sold them to enemy countries.
Not to mention her overt loyalty and deference to the person who appointed her to her lofty position.
Send her back to traffic court where she belongs.

[BWdem4life]

32. "It is almost as if she is intentionally running interference for the former president."

Almost as if?

[calimary]

34. Angling for a Supreme Court appointment maybe?

If her hero manages to get back into the White House, that is.

[Goodheart]

37. It is absolutely ridiculous that Reality Winner could be jailed so promptly

and that this trump case has gone on forever.

This is justice?

[RocRizzo55]

38. Put Cannon back in traffic court

Where she is better suited to do the job.

[republianmushroom]

41. Won't happen, it would look political and Smith's boss won't have any of that.

Smiths boss is a judge and she is a judge, she will be protected.

[MadameButterfly]

42. Damage is already done. Witnesses will be afraid to come forward.

Who knows the damage already from these documents. Come on, time to get a real judge.

[iluvtennis]

43. Please make it so that Cannon is removed from this case. I'm former US Air Force member and was also a

military defense contractor with Top Secret/special 3-letter access and it burns my butt that this incompetent judge is putting our national security at risk.