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BumRushDaShow

(169,761 posts)
Fri Jun 9, 2023, 09:28 AM Jun 2023

Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources

Source: ABC News

The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter.

Cannon's apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2019, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role.

A federal grand jury voted to indict Trump on at least seven federal charges late Thursday as part of an investigation into his handling of classified documents, sources familiar with the matter told ABC News. The indictment comes after more than 100 documents with classified markings were found at Trump's Mar-a-Lago resort in August 2022. Trump has repeatedly denied any wrongdoing and claimed again late Thursday that he was innocent.

Cannon is no stranger to the case. The 42-year-old judge was appointed last year as a "special master" to review those materials seized from Trump's Mar-a-Lago estate. Legal experts accused Cannon of handing Trump a series of head-scratching victories over the course of those proceedings.

Read more: https://abcnews.go.com/US/judge-aileen-cannon-trump-appointee-initially-assigned-oversee/story?id=99956910



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Judge Aileen Cannon, a Trump appointee, initially assigned to oversee his case: Sources (Original Post) BumRushDaShow Jun 2023 OP
Oh, fuuuuuuuuuuck! Scrivener7 Jun 2023 #1
Straight out of the third world peppertree Jun 2023 #50
So much for the rule of law ... nt Jarqui Jun 2023 #68
Nah. LudwigPastorius Jun 2023 #129
+1000 Rebl2 Jun 2023 #77
She's basically incompetent. Captain Zero Jun 2023 #94
JFC!!!!! RandySF Jun 2023 #2
Hell no. But she got overruled before, so she'll get overruled again if there is more funny emulatorloo Jun 2023 #3
Wow! The SECOND post is a rational, informed response. Hortensis Jun 2023 #109
Wtf... shouldn't she be asked to recuse herself Fullduplexxx Jun 2023 #4
Based on what? getagrip_already Jun 2023 #15
The fact that she's biased toward trump Fullduplexxx Jun 2023 #22
Why isn't being hired by the accused considered to be grounds for recusal? TheRickles Jun 2023 #37
I'm NOT arguing she is not a biased pos who should never be a judge again...... getagrip_already Jun 2023 #53
Apparently these cases are assigned randomly. it's just dumb luck she got it LymphocyteLover Jun 2023 #57
except in this case it's one that had a judge in the circuit assned previously.... getagrip_already Jun 2023 #59
Oh, it was totally random ArkansasDemocrat1 Jun 2023 #92
Even if he's convicted, I'll say right now he gets probation. oldsoftie Jun 2023 #97
Way too much coincidence to just be bad luck for DOJ. wnylib Jun 2023 #102
Absolutely! Rebl2 Jun 2023 #78
That makes no sense. She's not assigned to the division where the trial is to be held, Ocelot II Jun 2023 #5
I so hope you're right. But how sad that a source like ABC would make that statement, then. Scrivener7 Jun 2023 #7
That's what I heard last night... 2naSalit Jun 2023 #9
I heard that discussion last night too BumRushDaShow Jun 2023 #23
NPR is reporting it as established fact. wnylib Jun 2023 #104
And I thought he was going to charged in d.c. Fullduplexxx Jun 2023 #10
Not on the documents charges. The proper venue is FL. Ocelot II Jun 2023 #13
They mentioned something about the Special Master on MSNBC. LiberalFighter Jun 2023 #16
Judge AMC GenXer47 Jun 2023 #25
I thought it was great and probably required for the obstruction part that it was filed in FL Cheezoholic Jun 2023 #30
According to Beau of the 5th column these federal courts have a 95+% conviction rate PortTack Jun 2023 #80
Everyone gave me so much crap yesterday for saying this would happen Marius25 Jun 2023 #31
The skeptics are skeptical about skeptics. KPN Jun 2023 #48
she is in the district circuit, so is eligible to be assigned.... getagrip_already Jun 2023 #64
Umm... 2naSalit Jun 2023 #6
"We" can't demand it. And we don't know if this is even true. Ocelot II Jun 2023 #11
On second thought... 2naSalit Jun 2023 #18
Actually, this case is related to the case she heard regarding the search warrant onenote Jun 2023 #41
That makes sense. Ocelot II Jun 2023 #44
NPR is usually cautious about what it reports. wnylib Jun 2023 #105
Holy fucking shit - this is my very worst nightmare. lark Jun 2023 #8
Hopefully, the Prosecution anticipated this! Deuce Jun 2023 #12
I'm sure they anticipated just about everything and will deal with it. Ocelot II Jun 2023 #17
Yes, I think this team has and will... Deuce Jun 2023 #21
Oh no doubt! Mr Smith would not be outsmarted by a rinky dink tin pot judge like her PortTack Jun 2023 #81
utter, ridiculous bulkshit - let's see the process that leads to this fuckery bringthePaine Jun 2023 #14
Jack Smith and his team of prosecutors were prepared for this... agingdem Jun 2023 #19
Agree... Deuce Jun 2023 #24
Jack Smith is not the guy she can fuck with.. agingdem Jun 2023 #27
She could dismiss the charges if she really wanted to Marius25 Jun 2023 #32
You can bet Smith is ready for this... agingdem Jun 2023 #34
They can't really do anything to stop her other than appeal bad decisions Marius25 Jun 2023 #35
yes..and remember agingdem Jun 2023 #38
I'm not sure an appeal can stop her from just dismissing the case Marius25 Jun 2023 #39
the sky is not falling... agingdem Jun 2023 #52
I can't imagine such an action could not be reversed Major Nikon Jun 2023 #69
How so? She has the job for life and Republicans won't impeach her Marius25 Jun 2023 #70
I seriously doubt if it will ever get that far Major Nikon Jun 2023 #114
Nonsense Mysterian Jun 2023 #79
See post #82 PortTack Jun 2023 #83
This video explains it pretty well. MarineCombatEngineer Jun 2023 #116
With these federal courts..I don't think so. Mr smith did not bring these charges lightly PortTack Jun 2023 #82
She can't be removed from the bench Marius25 Jun 2023 #84
Glenn Kirschner talking about this MontanaMama Jun 2023 #20
So, for those who weren't tuning in, can you share the nutshell take-away from what he said? KPN Jun 2023 #45
he basically said it cannot stand but didn't offer much more concrete than that LymphocyteLover Jun 2023 #54
Thanks LL! KPN Jun 2023 #60
So in other words, he's not in the least bit concerned PortTack Jun 2023 #85
Wow. Serious misfire there. At least it will be interesting. ananda Jun 2023 #26
Surprise!!! SledDriver Jun 2023 #28
No kidding. The past 7 years has been one long tease ... how on earth could we alexpect that to end KPN Jun 2023 #51
If there is a decent bone in her body she will recuse herself. I hate that any president appoints Autumn Jun 2023 #29
She's based in Fort Pierce, over 100 miles north of Miami. Tommy Carcetti Jun 2023 #33
I suspect that it is because this case is related to the search warrant that was the subject onenote Jun 2023 #40
That's what was mentioned later in the ABC article BumRushDaShow Jun 2023 #42
ABC mentioned later in speculative article because click booth worthiness would be diminished. Alexander Of Assyria Jun 2023 #61
The NYT has it as well (in their "Live Updates" ) BumRushDaShow Jun 2023 #67
Thx for posting..this pretty much slams the door shut for any funny business on her part PortTack Jun 2023 #87
There is a post in this thread with a mini tweet-thread explanation by Joyce (Alene) Vance BumRushDaShow Jun 2023 #90
I heard that same explanation from, I can't remember who... SKKY Jun 2023 #62
The criminality never ends. Kablooie Jun 2023 #36
If she pulls Traildogbob Jun 2023 #49
a prosecutor can't appeal a finding of not guilty if it comes to that.... getagrip_already Jun 2023 #66
😡😡🤬🤬 Traildogbob Jun 2023 #71
If one juror fails to vote for conviction, it will be a hung jury. wnylib Jun 2023 #106
Could this be an effort by Merrick Garland to show the indictments are not politically motivated? LaMouffette Jun 2023 #43
Oh, FFS. Merrick has no authority to assign judges to cases. Ocelot II Jun 2023 #46
Thanks. I didn't know that. LaMouffette Jun 2023 #55
I thought this was on Onion piece. PlutosHeart Jun 2023 #47
Hopefully ONLY initially. And remember she was overruled several times by higher courts LymphocyteLover Jun 2023 #56
Not just overruled, judicial spanking leaving marks! Alexander Of Assyria Jun 2023 #63
Haha! True! LymphocyteLover Jun 2023 #73
Huh? How? Lulu KC Jun 2023 #58
You can be sure moniss Jun 2023 #65
In a state where it's legal to run into protesters Fullduplexxx Jun 2023 #75
WHY. With 26 district judges in the FL southern district, why should SHE be allowed to continue her ancianita Jun 2023 #72
cases are assigned randomly by a rotating wheel LymphocyteLover Jun 2023 #74
A serious question deserves a serious answer. ancianita Jun 2023 #95
I was being serious. That's what I heard. Although I heard someone else say that it could have gone LymphocyteLover Jun 2023 #98
Sure you were, because you know it for a fact. And now you 'heard someone else say..." ancianita Jun 2023 #101
Joyce White Vance on this story LymphocyteLover Jun 2023 #76
"...Judge Cannon must step aside if the case falls to her" Hortensis Jun 2023 #107
DOJ won't seek her removal for bias and the 11th Circuit wouldn't order it anyway. onenote Jun 2023 #118
Maybe. She found it persuasive, but like us she won't be Hortensis Jun 2023 #119
Michael Popok, from Meidas Touch Network, has said that Zilli Jun 2023 #86
And what makes Popok an expert? Marius25 Jun 2023 #89
Jack Smith and the DOJ knew this was possible/probable. SayItLoud Jun 2023 #88
45 has not done well with appointees so far, including the Surpreme Court. He's batting something .. marble falls Jun 2023 #91
You have to hope, Bayard Jun 2023 #93
One would think. Novara Jun 2023 #100
Depends on why Trump appointed her and what wnylib Jun 2023 #108
That was quick. orangecrush Jun 2023 #96
Folks, calm down. If true, this is JUST the arraignment, not the whole case. Novara Jun 2023 #99
When buttface is convicted, no one can claim she's a liberal judge serving Biden or the deep state.. Chakaconcarne Jun 2023 #103
No, but she could just give him probation instead of real jail time Marius25 Jun 2023 #126
He'll walk. Turbineguy Jun 2023 #110
As a taxpayer for the federal court syste I think We the People can demand that she be removed..... turbinetree Jun 2023 #111
I'm sorry, as a taxpayer, slightlv Jun 2023 #113
I see Merrick Garland's fingerprints all over this. He has been trying to slow this process since Handler Jun 2023 #112
I think you forgot the sarcasm smilie. onenote Jun 2023 #123
Justice must IMMEDIATELY file a request to change judges. lark Jun 2023 #115
You can take it to the bank that DOJ will not seek to have her removed on bias grounds. onenote Jun 2023 #117
That means things could get ugly depending on what she does Marius25 Jun 2023 #125
"That means Trump will likely get away with this" LudwigPastorius Jun 2023 #128
So the oligarchs have ruled for our death as a country! The sky is not Blue they say. lark Jun 2023 #131
Well said Handler Jun 2023 #120
Thank you lark Jun 2023 #130
"1/Before everyone gets too spun up about reports Judge Cannon" Cha Jun 2023 #121
The case she cites is not authority for reassigning Cannon onenote Jun 2023 #122
Of course she possesses no ethics and won't recuse herself SouthernDem4ever Jun 2023 #124
Asking for a friend ... jgo Jun 2023 #127

peppertree

(23,344 posts)
50. Straight out of the third world
Fri Jun 9, 2023, 10:19 AM
Jun 2023

Aileen's going to want another Mercedes - that's for sure.

emulatorloo

(46,155 posts)
3. Hell no. But she got overruled before, so she'll get overruled again if there is more funny
Fri Jun 9, 2023, 09:31 AM
Jun 2023

Business on her part.

Hortensis

(58,785 posts)
109. Wow! The SECOND post is a rational, informed response.
Fri Jun 9, 2023, 02:39 PM
Jun 2023

Definitely a game spoiler, though. This OP looked like it had potential to set a new record for the number of excited reactions before hitting the first injection of informed consideration or information.

I'd just started counting.

Btw, agree. It's probable that she would not be allowed to preside over the case itself if the process assigned it to her.

getagrip_already

(17,802 posts)
15. Based on what?
Fri Jun 9, 2023, 09:36 AM
Jun 2023

The fact that she was appointed by him is not grounds for recusal.

She was never disciplined for her conduct during the last trial, so she is technically beyond reproach.

Doesn't mean the govt won't move to have her replaced. Just that there really aren't grounds.

But I am suspect that doj's luck could be that bad. There have to be a dozen judges in that pool.

getagrip_already

(17,802 posts)
53. I'm NOT arguing she is not a biased pos who should never be a judge again......
Fri Jun 9, 2023, 10:23 AM
Jun 2023

But the federal courts simply cast a blind eye to who appointed any particular judge. In fact, there are literally dozens of cases where tfg apponited judges, or very right wig republian judges, have ruled directly against him. That goes from the appellate court cases directly above cann all the way to scotus.

So in the federal ourt system, a laim of bias based on appointment won't hold.

Her past court behaviour is relevant, but without disciplinary action, my dumb outsiders guess is it would be difficult.

She remains a federal judge in good standing.

If she is the judge, than some senior judge or panel of judges appointed her. They aren't going to look kindly to being challenged.

That said, she is a biased, incompetant, pos who should not be a federal judge, let alone in charge of this trial.

getagrip_already

(17,802 posts)
59. except in this case it's one that had a judge in the circuit assned previously....
Fri Jun 9, 2023, 10:28 AM
Jun 2023

Since she handled the earlier case invlving the seized docs, whe would be preferred to be assigned to this case. Someone made the call. Probably a committee overseen by a senior judge.

ArkansasDemocrat1

(3,213 posts)
92. Oh, it was totally random
Fri Jun 9, 2023, 11:54 AM
Jun 2023

(rolls eyes)

The fix is in

You know how everyone was telling us to eat crow yesterday for being Eyores? Think I'll wait until the orange handcuffs click.

 

oldsoftie

(13,538 posts)
97. Even if he's convicted, I'll say right now he gets probation.
Fri Jun 9, 2023, 12:29 PM
Jun 2023

And a hefty fine.
Which will be paid for with MAGA money, not his own. Unless they rule it MUST be paid with his personal money.

Ocelot II

(130,538 posts)
5. That makes no sense. She's not assigned to the division where the trial is to be held,
Fri Jun 9, 2023, 09:32 AM
Jun 2023

and she wasn't appointed the special master, so that statement is just wrong. The "source" is probably TFG's lawyers.

Scrivener7

(59,522 posts)
7. I so hope you're right. But how sad that a source like ABC would make that statement, then.
Fri Jun 9, 2023, 09:33 AM
Jun 2023

2naSalit

(102,804 posts)
9. That's what I heard last night...
Fri Jun 9, 2023, 09:34 AM
Jun 2023

On, maybe, one of Lawrence O'D's shows. He had two last night but I dozed off during the second one.

BumRushDaShow

(169,761 posts)
23. I heard that discussion last night too
Fri Jun 9, 2023, 09:42 AM
Jun 2023

I don't remember if it was Weissmann or someone else said that it *could* happen but was unlikely given they supposedly randomly assign.

LiberalFighter

(53,544 posts)
16. They mentioned something about the Special Master on MSNBC.
Fri Jun 9, 2023, 09:37 AM
Jun 2023

I would think the court down there would not want another fiasco with that idiot Cannon.

 

GenXer47

(1,204 posts)
25. Judge AMC
Fri Jun 9, 2023, 09:45 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."

Cheezoholic

(3,719 posts)
30. I thought it was great and probably required for the obstruction part that it was filed in FL
Fri Jun 9, 2023, 09:55 AM
Jun 2023

Think it's further reflection of just how strong of a case Smith has. And FL isn't some kind of retirement home for Trump judges, there are plenty of good jurisdictions down there. Besides J6 there could also be other charges in the Doc case filed in DC or even possibly others in NJ. Less likely but possible.

getagrip_already

(17,802 posts)
64. she is in the district circuit, so is eligible to be assigned....
Fri Jun 9, 2023, 10:34 AM
Jun 2023

The yapping puppies are saying that since she is familiar with the case, havinghandled the seized doc case, she would be preferred to handle this case.

It's why judge jackson keeps getting tfg on the libel cases. They tend to use the original judge in related cases.

Ocelot II

(130,538 posts)
11. "We" can't demand it. And we don't know if this is even true.
Fri Jun 9, 2023, 09:35 AM
Jun 2023

It makes no sense, since she's assigned to a division of the district that has nothing to do with the case.

2naSalit

(102,804 posts)
18. On second thought...
Fri Jun 9, 2023, 09:37 AM
Jun 2023

I agree with you. I heard something about that last night somewhere.

More coffee.

onenote

(46,143 posts)
41. Actually, this case is related to the case she heard regarding the search warrant
Fri Jun 9, 2023, 10:09 AM
Jun 2023

and the magistrate assigned to this case is the magistrate that issued the search warrant.

So, it's probably a "related case" for purposes of assigning a judge. I didn't take that into consideration in commenting on who might end up being the judge in the case, but I suspect Smith and his team were well aware of this possibility

Ocelot II

(130,538 posts)
44. That makes sense.
Fri Jun 9, 2023, 10:11 AM
Jun 2023

It does not make sense for a judge assigned to Fort Pierce to be sent to Miami for the arraignment. It could be that her initials are on the electronic record because she heard the earlier case.

wnylib

(26,019 posts)
105. NPR is usually cautious about what it reports.
Fri Jun 9, 2023, 02:02 PM
Jun 2023

Yesterday, evening they did not even mention the indictment. Just went on

with regular programming.

Today they are reporting that his case was assigned to Cannon.

lark

(26,081 posts)
8. Holy fucking shit - this is my very worst nightmare.
Fri Jun 9, 2023, 09:34 AM
Jun 2023

Now there is no way the trial will be held before the election, she will fight every step of the way for her guy - just like she did last time. Fuck - I hope the "we're doomed" feeling exploding through my head is wrong - but HOLY FUCK - the fascists are winning - AGAIN!

PortTack

(35,820 posts)
81. Oh no doubt! Mr Smith would not be outsmarted by a rinky dink tin pot judge like her
Fri Jun 9, 2023, 11:20 AM
Jun 2023

agingdem

(8,851 posts)
19. Jack Smith and his team of prosecutors were prepared for this...
Fri Jun 9, 2023, 09:38 AM
Jun 2023

let's see how this plays out...

agingdem

(8,851 posts)
27. Jack Smith is not the guy she can fuck with..
Fri Jun 9, 2023, 09:50 AM
Jun 2023

and if you think about her past history, in the end Trump won nothing.

agingdem

(8,851 posts)
34. You can bet Smith is ready for this...
Fri Jun 9, 2023, 10:01 AM
Jun 2023

he and his team of prosecutors are the best of the best...there is no way in hell they are going to let a nothing like Cannon get their way...

 

Marius25

(3,213 posts)
35. They can't really do anything to stop her other than appeal bad decisions
Fri Jun 9, 2023, 10:01 AM
Jun 2023

I said this might happen here yesterday, and a bunch of people basically told me I'm an idiot for even suggesting this could happen and it's not possible.

agingdem

(8,851 posts)
38. yes..and remember
Fri Jun 9, 2023, 10:03 AM
Jun 2023

every Cannon decision was appealed and she lost every damn one of them...

 

Marius25

(3,213 posts)
39. I'm not sure an appeal can stop her from just dismissing the case
Fri Jun 9, 2023, 10:04 AM
Jun 2023

That's within her discretion.

agingdem

(8,851 posts)
52. the sky is not falling...
Fri Jun 9, 2023, 10:21 AM
Jun 2023

Merrick Garland did not let her get in his way and Jack Smith, the badass who prosecutes war criminals is not going to take her shit..the sky is not falling

Major Nikon

(36,925 posts)
69. I can't imagine such an action could not be reversed
Fri Jun 9, 2023, 10:52 AM
Jun 2023

The other part is she has to be skating on thin ice after her last fuckup. Her judicial career would almost certainly come to a deliberate stop.

Major Nikon

(36,925 posts)
114. I seriously doubt if it will ever get that far
Sat Jun 10, 2023, 12:07 AM
Jun 2023

She was randomly assigned to the case and the 11th circuit has already removed her from a Trump case and admonished her for bias. This will almost certainly happen pretty quickly and I wouldn't be surprised if she preemptively recuses herself rather than being forced off the case. Dismissing the case before any of this takes place would be a blatant politicizing of the federal court and I can definitely see at least some Republicans pushing back against it.

PortTack

(35,820 posts)
82. With these federal courts..I don't think so. Mr smith did not bring these charges lightly
Fri Jun 9, 2023, 11:22 AM
Jun 2023

If she were to dismiss the charges with the mounds of evidence they have she would no doubt be censured or removed from the bench permanently!

 

Marius25

(3,213 posts)
84. She can't be removed from the bench
Fri Jun 9, 2023, 11:25 AM
Jun 2023

She might face heat from the 11th Circuit, but she's on the bench for life.

KPN

(17,377 posts)
45. So, for those who weren't tuning in, can you share the nutshell take-away from what he said?
Fri Jun 9, 2023, 10:11 AM
Jun 2023

KPN

(17,377 posts)
51. No kidding. The past 7 years has been one long tease ... how on earth could we alexpect that to end
Fri Jun 9, 2023, 10:20 AM
Jun 2023

right now? The big tease goes on ...

Autumn

(48,962 posts)
29. If there is a decent bone in her body she will recuse herself. I hate that any president appoints
Fri Jun 9, 2023, 09:54 AM
Jun 2023

any judges. One of the big flaws in our government. They should be hired and fired on their own merit just like any other employee.

Tommy Carcetti

(44,499 posts)
33. She's based in Fort Pierce, over 100 miles north of Miami.
Fri Jun 9, 2023, 09:58 AM
Jun 2023

Unless they actually have her traveling down to Miami to hear the arraignment, which would be weird in and of itself. There are over two dozen judges in the SDFL and multiple judges in Miami itself.

Possibly she's on the court filings because she was the magistrate who oversaw the review of the documents? That's the only reason I can think of off the top of my head.

onenote

(46,143 posts)
40. I suspect that it is because this case is related to the search warrant that was the subject
Fri Jun 9, 2023, 10:06 AM
Jun 2023

of the previous case she heard.

I'll admit I didn't take that into consideration in commenting on who might end up being the judge in this case. My bad.

BumRushDaShow

(169,761 posts)
42. That's what was mentioned later in the ABC article
Fri Jun 9, 2023, 10:10 AM
Jun 2023
(snip)

In addition to Cannon, Magistrate Judge Bruce Reinhart's name also appeared on the summons sent to Trump on Thursday, the sources said.

Reinhart, who was sworn in as a magistrate judge in 2018, is also familiar with the proceedings against Trump: he signed off on the initial search warrant of Mar-a-Lago last year and later ruled to unseal the search affidavit – decisions that made him the target of antisemitic jabs on the internet.

Judges in most federal cases are assigned at random. But the apparent nods to Cannon and Reinhart on the summons for Trump might actually reflect the fact that both have already played roles in the proceedings, experts said.

(snip)


It almost seems like they were a "cc: " on the filings since both had touched elements of the case in the past.
 

Alexander Of Assyria

(7,839 posts)
61. ABC mentioned later in speculative article because click booth worthiness would be diminished.
Fri Jun 9, 2023, 10:33 AM
Jun 2023

The corporate media still wants a circus, the fact the ex P is now twice criminally indicted seems to be irritating them.

BumRushDaShow

(169,761 posts)
67. The NYT has it as well (in their "Live Updates" )
Fri Jun 9, 2023, 10:44 AM
Jun 2023
June 9, 2023, 10:19 a.m. ET23 minutes ago
23 minutes ago

Alan Feuer, William K. Rashbaum and Maggie Haberman
Trump case will be handled initially by judge who earlier made rulings in his favor.


Former President Donald J. Trump’s criminal indictment on charges stemming from his handling of classified documents will be overseen — at least initially — by a federal judge who a higher court criticized for handing him a series of unusually favorable rulings during the early stages of the investigation, according to five people familiar with the matter.

The judge, Aileen M. Cannon, who Mr. Trump himself appointed to the bench in 2020, his final year in office, is scheduled, at least for now, to preside over the former president’s first appearance in Federal District Court in Miami on Tuesday, the people said. But it was not clear whether Judge Cannon would remain assigned for the entirety of Mr. Trump’s case. Judge Cannon’s involvement was earlier reported by ABC News. While judges are typically given cases by a random process, it is also customary to hand incoming matters to judges who have dealt with related ones.

(snip)

Ruling for Mr. Trump, Judge Cannon effectively froze a significant portion of the government’s inquiry, barring prosecutors from using the materials seized from Mar-a-Lago for any “investigative purpose” connected to the case against Mr. Trump until the work of the arbiter, known as a special master, was finished.

An appeals court sitting in Atlanta ultimately overruled Judge Cannon, scrapped the special master’s review and allowed the investigation of Mr. Trump to resume unhindered. In a sharply critical decision, a three-member panel of the appeals court said Judge Cannon never had the proper jurisdiction to intervene in the case and order the review. The court also chided her for stopping federal investigators from using the files seized from Mar-a-Lago, saying there was no justification for treating Mr. Trump differently from any other target of a search warrant.

(snip)

https://www.nytimes.com/live/2023/06/09/us/trump-indictment-documents/aileen-cannon-trump-judge?smid=url-share

SKKY

(12,801 posts)
62. I heard that same explanation from, I can't remember who...
Fri Jun 9, 2023, 10:34 AM
Jun 2023

...and to be honest, it kind of talks me back from the edge.

Kablooie

(19,108 posts)
36. The criminality never ends.
Fri Jun 9, 2023, 10:02 AM
Jun 2023

Looks like Trump could skate free on this too.
Besides Cannon, if even one juror is MAGA he will not be convicted.
It’s waaay too early to celebrate.

Traildogbob

(13,018 posts)
49. If she pulls
Fri Jun 9, 2023, 10:15 AM
Jun 2023

Shenanigans and we need to appeal them, that could push the case way into or after elections and he walks. We can’t have one day of joy and hope in this hell of a Twilight Zone.

getagrip_already

(17,802 posts)
66. a prosecutor can't appeal a finding of not guilty if it comes to that....
Fri Jun 9, 2023, 10:43 AM
Jun 2023

The most they could hope to get is a mistrial. before verdict But cannon would likely be assigned to rehear the case.

The danger is in the margins of the law. who she allows to be on the jury (the judge sets to rules for exclusion), what evidence she allows, what witnesses can be heard and even what lines of questioning can be allowed.

All of that is well within her powers as a judge and couldn't be appealed successfully.

She could also issue a directed verdict and not let it go to jury. Judges have a lot of power to exonerate a defendent.

wnylib

(26,019 posts)
106. If one juror fails to vote for conviction, it will be a hung jury.
Fri Jun 9, 2023, 02:26 PM
Jun 2023

Then DOJ will be able to retry him.

LaMouffette

(2,640 posts)
43. Could this be an effort by Merrick Garland to show the indictments are not politically motivated?
Fri Jun 9, 2023, 10:11 AM
Jun 2023

Giving this to Trumpy Judge Cannon will take away Republicans' charges of the judge being biased against Benedict Donald.

Ocelot II

(130,538 posts)
46. Oh, FFS. Merrick has no authority to assign judges to cases.
Fri Jun 9, 2023, 10:13 AM
Jun 2023

Civics 101: The AG is part of the executive branch of the government. Federal judges are part of the judicial branch.

LymphocyteLover

(9,848 posts)
56. Hopefully ONLY initially. And remember she was overruled several times by higher courts
Fri Jun 9, 2023, 10:25 AM
Jun 2023

so hopefully she'll be chastised on misbehavior here.

moniss

(9,056 posts)
65. You can be sure
Fri Jun 9, 2023, 10:35 AM
Jun 2023

that the Orange Ruski and his team leaked the news of the indictment in order to give his crowd of clowns time to assemble in Miami to create a mob scene at the courthouse.

ancianita

(43,307 posts)
72. WHY. With 26 district judges in the FL southern district, why should SHE be allowed to continue her
Fri Jun 9, 2023, 10:53 AM
Jun 2023

fundamentally flawed subjectivity. This is utter bullshit. Unless she's easy to overturn at the 11th Appeals level. It's just that a jury will be so much harder to select, given her terrible record of courtroom decisions that got dressed down by the appeals judges.

And who decides who presides, anyway.


DJ Cecilia Altonaga Chief Judge (GW Bush)
DJ Kevin Michael Moore (GHW Bush)
DJ Donald M. Middlebooks (Clinton)

DJ William Dimitrouleas (Clinton)
DJ Jose E. Martinez (GW Bush)
DJ Kathleen M. Williams (Obama)

DJ Robert N. Scola, Jr. (Obama)
DJ Darrin P. Gayles (Obama)
DJ Beth Bloom (Obama)

DJ Robin L. Rosenberg (Obama)
DJ Roy Altman (Trump)
DJ Rodolfo Ruiz (Trump)

DJ Rodney Smith (Trump)
DJ Raag Singhal (Trump)
DJ Aileen Cannon (Trump)

DJ James Lawrence King (Nixon)
JDJ ose Alejandro Gonzalez Jr. (Carter)
DJ William J. Zioch (Reagan)

DJ Federico A. Moreno (GHW Bush)
DJ Donald L. Graham (GHW Bush)
DJ Daniel T. K. Hurley (Clinton)

DJ Joan A. Lenard (Clinton)
DJ Patricia A. Seitz (Clinton)
DJ Paul Huck (Clinton)

DJ Kenneth Marra (GW Bush)
DJ James I. Cohn (GW Bush)

LymphocyteLover

(9,848 posts)
98. I was being serious. That's what I heard. Although I heard someone else say that it could have gone
Fri Jun 9, 2023, 12:51 PM
Jun 2023

to her because she'd previously worked the case.

Hortensis

(58,785 posts)
107. "...Judge Cannon must step aside if the case falls to her"
Fri Jun 9, 2023, 02:29 PM
Jun 2023
Joyce Vance: 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.


Seems like some people just love to bounce off their ceilings.

onenote

(46,143 posts)
118. DOJ won't seek her removal for bias and the 11th Circuit wouldn't order it anyway.
Sat Jun 10, 2023, 01:05 PM
Jun 2023

Last edited Sat Jun 10, 2023, 02:20 PM - Edit history (1)

There is no "persuasive authority" that she must step aside. While the 11th Circuit ripped apart her decision in the special master case on the legal merits, it did not find or even suggest she acted out of bias. If it had, it could and would have sent the case back to a different judge on remand instead of remanding it to her. On remand, she followed the decision of the 11th Circuit. And when an ethics complaint alleging bias was filed with the 11th Circuit, it was summarily rejected on the grounds that a bad decision is not an ethics violation:

"The Complaint fails to present a basis for a finding of misconduct. To the extent Complainant’s allegations concern the substance of the Subject Judge’s official actions, rulings, findings, and orders in the above-described case, the allegations are directly related to the merits of the Subject Judge’s decisions or procedural rulings. Judicial Conduct Rule 11(c)(1)(B). Complainant’s remaining claims are based on allegations lacking sufficient evidence to raise an inference that the Subject Judge acted with an illicit or improper motive, was biased, used her office to obtain special treatment for the plaintiff, violated her oath of office, colluded with others, or otherwise engaged in misconduct. Judicial Conduct Rule 11(c)(1)(D). For these reasons, this Complaint is DISMISSED."

Whether he could or would seek to have the case heard in the West Palm division by a judge assigned to that decision is a separate question.

Hortensis

(58,785 posts)
119. Maybe. She found it persuasive, but like us she won't be
Sat Jun 10, 2023, 02:48 PM
Jun 2023

among those to make these decisions.

In any case, you present an example of having information to post, or thoughts rather than reactions to share. Thinking and being informed interfere with the pleasures of addiction to outrage. Which I believe we're seeing more and more.

Zilli

(286 posts)
86. Michael Popok, from Meidas Touch Network, has said that
Fri Jun 9, 2023, 11:26 AM
Jun 2023

Judge Cannon will be no where near this case. Now this divisive news pops up and is all over google. This been pushed exclusively by media and I don't believe a word of it. If this is true we are doomed to have a repeat of her last intervention. I do not believe that she is capable of unbiased adjudication.



 

Marius25

(3,213 posts)
89. And what makes Popok an expert?
Fri Jun 9, 2023, 11:37 AM
Jun 2023

All reporting says she's assigned to the case initially. She may not be the trial judge, but she could just flat out dismiss the case.

SayItLoud

(1,774 posts)
88. Jack Smith and the DOJ knew this was possible/probable.
Fri Jun 9, 2023, 11:31 AM
Jun 2023

I also think there will be DC charges coming related to doc case(s).

marble falls

(71,936 posts)
91. 45 has not done well with appointees so far, including the Surpreme Court. He's batting something ..
Fri Jun 9, 2023, 11:53 AM
Jun 2023

... like 2 0r 3 out of 70.

Bayard

(29,703 posts)
93. You have to hope,
Fri Jun 9, 2023, 12:05 PM
Jun 2023

That she doesn't want to get whacked by the Appeals court again for being an imbecile.

wnylib

(26,019 posts)
108. Depends on why Trump appointed her and what
Fri Jun 9, 2023, 02:34 PM
Jun 2023

he might be able to threaten her with in order to get a favorable ruling.

Novara

(6,115 posts)
99. Folks, calm down. If true, this is JUST the arraignment, not the whole case.
Fri Jun 9, 2023, 12:51 PM
Jun 2023

So far.

Besides, the DOJ has a damn good case for forcing recusal if she doesn't recuse herself, based on her history with this case and being slapped down by the appellate court for prior horrible decisions regarding this defendant.

It is not time to panic yet.

However, if she doesn't recuse - even for the arraignment - she will let him walk free although people charged of espionage are routinely locked up immediately. Hell, he always gets special treatment so he probably won't be locked up anyway, even though Bedminster wasn't searched and we have no idea if he still has classified documents to wave around.

Chakaconcarne

(2,787 posts)
103. When buttface is convicted, no one can claim she's a liberal judge serving Biden or the deep state..
Fri Jun 9, 2023, 01:54 PM
Jun 2023

Smith's case is solid, he knows it.... I bet he's not sweating at all over this.

turbinetree

(27,551 posts)
111. As a taxpayer for the federal court syste I think We the People can demand that she be removed.....
Fri Jun 9, 2023, 03:58 PM
Jun 2023

we have already seen and read how she works she is NOT independent ....

slightlv

(7,790 posts)
113. I'm sorry, as a taxpayer,
Fri Jun 9, 2023, 06:25 PM
Jun 2023

I don't feel our voice counts for anything anymore. We're the lowest points on the totem pole. They just don't care, period. Haven't you noticed, they do it in our faces now.

I just told hubby a few minutes ago, in my really young flower child days and later in my hippie days, I wanted and worked for a Utopia. Today, at 67, I'd just be happy to be where we all live and let live... period. But they're determined they're not going to let us do that. One way or another, they're going to tear it all down and us with it. It started with Nixon and his war against racial minorities and drugs and hippies. And Bush the younger *hated* hippies. Liberals are just another word for hippies for them. They still want us gone and destroyed. They don't want our world. It's too peaceful for them. Too little money to be made.

Saying that, I daresay I hope Judge Vance knows what she says. She's spoken truth in the past, I have to trust her now for my blood pressure. I don't trust the 11th Circuit and as soon as I read that last night, knew we were in trouble, regardless of what everyone else was saying. "Random" generators can be manipulated. But if there is one person who can bring it to light, I do believe it is Jack Smith. I don't even know if the man is Democrat or Republican. What I do know is he is a justice warrior. I don't believe he'll give up. I just hope he and his have ample security.

Handler

(339 posts)
112. I see Merrick Garland's fingerprints all over this. He has been trying to slow this process since
Fri Jun 9, 2023, 05:16 PM
Jun 2023

day one.

lark

(26,081 posts)
115. Justice must IMMEDIATELY file a request to change judges.
Sat Jun 10, 2023, 08:48 AM
Jun 2023

she is probably the most corrupt judge in the USA, had ruled previously that she thought the government had mostly taken trumps' personal effects and property - did everything she could to delay and destroy the case and was overturned twice by the Appellate court and criticized soundly. She will ensure tfg gets to steal the election and pardon himself - she 100% has to go or I don't know that our country will continue to exist in it's current form. Hubs thinks I've gone over the cliff and she won't be that bad - I, obviously, disagree.

onenote

(46,143 posts)
117. You can take it to the bank that DOJ will not seek to have her removed on bias grounds.
Sat Jun 10, 2023, 12:58 PM
Jun 2023

The 11th Circuit ripped apart her decision in the special master case on the legal merits. It did not find or even suggest she acted out of bias. If it had, it would have sent the case back to a different judge on remand instead of remanding it to her. On remand, she followed the decision of the 11th Circuit. And when an ethics complaint alleging bias was filed with the 11th Circuit, it was summarily rejected on the grounds that a bad decision is not an ethics violation:

"The Complaint fails to present a basis for a finding of misconduct. To the extent Complainant’s allegations concern the substance of the Subject Judge’s official actions, rulings, findings, and orders in the above-described case, the allegations are directly related to the merits of the Subject Judge’s decisions or procedural rulings. Judicial Conduct Rule 11(c)(1)(B). Complainant’s remaining claims are based on allegations lacking sufficient evidence to raise an inference that the Subject Judge acted with an illicit or improper motive, was biased, used her office to obtain special treatment for the plaintiff, violated her oath of office, colluded with others, or otherwise engaged in misconduct. Judicial Conduct Rule 11(c)(1)(D). For these reasons, this Complaint is DISMISSED."
 

Marius25

(3,213 posts)
125. That means things could get ugly depending on what she does
Sat Jun 10, 2023, 08:41 PM
Jun 2023

Last edited Sat Jun 10, 2023, 11:12 PM - Edit history (1)

LudwigPastorius

(14,726 posts)
128. "That means Trump will likely get away with this"
Sat Jun 10, 2023, 11:09 PM
Jun 2023

If she is actually in charge of his trial, it certainly looks that way. (sigh)

She has infinite tools at her disposal to thwart the prosecution at nearly every turn. Big swings, like tossing out the whole case—a very real possibility in her courtroom of chaos—can be appealed and overturned. But at every step, there are opportunities for sabotage. Cannon can try to rig voir dire to help the defense stack the jury with Trump supporters. She can exclude evidence and testimony that’s especially damning to Trump. She can disqualify witnesses who are favorable to the prosecution. She can sustain the defense’s frivolous objections and overrule the prosecution’s meritorious ones. She can direct a verdict of acquittal to render the jury superfluous. She can declare a mistrial prematurely for any number of reasons, including lengthy juror deliberations, and stretch out various deadlines to run out the clock. Many of these procedural moves could not be appealed until the proceedings have drawn to a close; appeals courts do not referee every little dispute in a jury trial as they happen. Cannon will be in control.


https://slate.com/news-and-politics/2023/06/aileen-cannon-federal-prosecution-donald-trump.html

lark

(26,081 posts)
131. So the oligarchs have ruled for our death as a country! The sky is not Blue they say.
Sun Jun 11, 2023, 07:57 AM
Jun 2023

Aileen Cannon will disallow all important evidence, stall, stall, stall and do everything humanly possible to ensure that tfg skates, steals the presidency and pardons himself - putting s full on rage filled fascist who hates us in power and destroying the country.

Yes, I know I'm over the top with this, but this is a crucible moment and I truly feel we are in deep deep peril with her.

Cha

(319,082 posts)
121. "1/Before everyone gets too spun up about reports Judge Cannon"
Sat Jun 10, 2023, 03:29 PM
Jun 2023




I see it's a little late for some.. but worth posting!

lol.. Also see someone is blaming Ag Garland.. of course! smh.

onenote

(46,143 posts)
122. The case she cites is not authority for reassigning Cannon
Sat Jun 10, 2023, 04:34 PM
Jun 2023

The facts of the case cited and the facts of the current situation could not be more different. In the case claimed as persuasive authority for reassigning Cannon, the appellate court was dealing with a district court judge that continued to misapply the law after being reversed and had to be reversed again. As the court stated: In light of the two reversals in this case and three other appeals in which we have reversed the same judge for extraordinary downward departures that were without a valid basis in the record [in other words, making the same mistake over and over] - we find it likely that "the original judge would have difficulty putting his previous views and findings aside."

In contrast, while the 11th Circuit tore apart Cannon's decision, they remanded it back to her and, on remand, she followed the appeals court's instructions and amended her order consistent with the appeals court decision. In other words, she didn't ignore the appeals court and thus there would be no reason for the court to demand or order her recusal. Indeed, the court rejected out of hand an ethics complaint filed against Cannon.

jgo

(1,021 posts)
127. Asking for a friend ...
Sat Jun 10, 2023, 09:28 PM
Jun 2023

For the 31 counts of document retention, it is presumed that each count is for one particular document.

If the case goes south, is it possible to file a new case with X new counts, for a different set of X documents not included in the 31, and draw a different judge?

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