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
Scrivener7
(59,522 posts)peppertree
(23,344 posts)Aileen's going to want another Mercedes - that's for sure.
Jarqui
(10,909 posts)LudwigPastorius
(14,726 posts)She will, though, take a Supreme Court nomination if Trump gets back into power.
Captain Zero
(8,905 posts)Head up her ass.
RandySF
(84,319 posts)emulatorloo
(46,155 posts)Business on her part.
Hortensis
(58,785 posts)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.
Fullduplexxx
(8,626 posts)Coincidence takes a lot of planning
getagrip_already
(17,802 posts)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.
Fullduplexxx
(8,626 posts)TheRickles
(3,386 posts)getagrip_already
(17,802 posts)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.
LymphocyteLover
(9,848 posts)supposedly, anyway
getagrip_already
(17,802 posts)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)(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)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.
wnylib
(26,019 posts)Rebl2
(17,743 posts)Ocelot II
(130,538 posts)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)2naSalit
(102,804 posts)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)I don't remember if it was Weissmann or someone else said that it *could* happen but was unlikely given they supposedly randomly assign.
wnylib
(26,019 posts)Fullduplexxx
(8,626 posts)Ocelot II
(130,538 posts)LiberalFighter
(53,544 posts)I would think the court down there would not want another fiasco with that idiot Cannon.
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."
Cheezoholic
(3,719 posts)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.
PortTack
(35,820 posts)Marius25
(3,213 posts)KPN
(17,377 posts)getagrip_already
(17,802 posts)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.
2naSalit
(102,804 posts)A recusal is in order and we should demand it. She has already proven she is biased.
Ocelot II
(130,538 posts)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)I agree with you. I heard something about that last night somewhere.
More coffee.
onenote
(46,143 posts)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)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)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)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!
Deuce
(960 posts)Ocelot II
(130,538 posts)Deuce
(960 posts)PortTack
(35,820 posts)bringthePaine
(1,806 posts)agingdem
(8,851 posts)let's see how this plays out...
agingdem
(8,851 posts)and if you think about her past history, in the end Trump won nothing.
Marius25
(3,213 posts)agingdem
(8,851 posts)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)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)every Cannon decision was appealed and she lost every damn one of them...
Marius25
(3,213 posts)That's within her discretion.
agingdem
(8,851 posts)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)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.
Marius25
(3,213 posts)Major Nikon
(36,925 posts)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.
Mysterian
(6,486 posts)A case dismissal can be appealed.
PortTack
(35,820 posts)MarineCombatEngineer
(18,060 posts)PortTack
(35,820 posts)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)She might face heat from the 11th Circuit, but she's on the bench for life.
MontanaMama
(24,722 posts)right now on Stephanie Miller.
KPN
(17,377 posts)LymphocyteLover
(9,848 posts)KPN
(17,377 posts)PortTack
(35,820 posts)ananda
(35,152 posts)F u c k
SledDriver
(2,122 posts)C'mon, really??? How did you all not see that coming?
KPN
(17,377 posts)right now? The big tease goes on ...
Autumn
(48,962 posts)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)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)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)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)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)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. Trumps 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 presidents 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. Trumps case. Judge Cannons 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 governments 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 masters 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
PortTack
(35,820 posts)BumRushDaShow
(169,761 posts)which is instructive - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3086006
SKKY
(12,801 posts)...and to be honest, it kind of talks me back from the edge.
Kablooie
(19,108 posts)Looks like Trump could skate free on this too.
Besides Cannon, if even one juror is MAGA he will not be convicted.
Its waaay too early to celebrate.
Traildogbob
(13,018 posts)Shenanigans and we need to appeal them, that could push the case way into or after elections and he walks. We cant have one day of joy and hope in this hell of a Twilight Zone.
getagrip_already
(17,802 posts)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.
Traildogbob
(13,018 posts)wnylib
(26,019 posts)Then DOJ will be able to retry him.
LaMouffette
(2,640 posts)Giving this to Trumpy Judge Cannon will take away Republicans' charges of the judge being biased against Benedict Donald.
Ocelot II
(130,538 posts)Civics 101: The AG is part of the executive branch of the government. Federal judges are part of the judicial branch.
LaMouffette
(2,640 posts)PlutosHeart
(1,445 posts)JFC
LymphocyteLover
(9,848 posts)so hopefully she'll be chastised on misbehavior here.
Alexander Of Assyria
(7,839 posts)LymphocyteLover
(9,848 posts)Lulu KC
(8,893 posts)Recuse thyself, please.
moniss
(9,056 posts)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.
Fullduplexxx
(8,626 posts)ancianita
(43,307 posts)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)ancianita
(43,307 posts)LymphocyteLover
(9,848 posts)to her because she'd previously worked the case.
ancianita
(43,307 posts)LymphocyteLover
(9,848 posts)Hortensis
(58,785 posts)Seems like some people just love to bounce off their ceilings.
onenote
(46,143 posts)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 Complainants allegations concern the substance of the Subject Judges official actions, rulings, findings, and orders in the above-described case, the allegations are directly related to the merits of the Subject Judges decisions or procedural rulings. Judicial Conduct Rule 11(c)(1)(B). Complainants 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)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)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)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)I also think there will be DC charges coming related to doc case(s).
marble falls
(71,936 posts)... like 2 0r 3 out of 70.
Bayard
(29,703 posts)That she doesn't want to get whacked by the Appeals court again for being an imbecile.
Novara
(6,115 posts)wnylib
(26,019 posts)he might be able to threaten her with in order to get a favorable ruling.
orangecrush
(30,261 posts)Novara
(6,115 posts)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)Smith's case is solid, he knows it.... I bet he's not sweating at all over this.
Marius25
(3,213 posts)Turbineguy
(40,077 posts)turbinetree
(27,551 posts)we have already seen and read how she works she is NOT independent ....
slightlv
(7,790 posts)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)day one.
onenote
(46,143 posts)Because you can't possibly be serious.
lark
(26,081 posts)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)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 Complainants allegations concern the substance of the Subject Judges official actions, rulings, findings, and orders in the above-described case, the allegations are directly related to the merits of the Subject Judges decisions or procedural rulings. Judicial Conduct Rule 11(c)(1)(B). Complainants 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)Last edited Sat Jun 10, 2023, 11:12 PM - Edit history (1)
LudwigPastorius
(14,726 posts)If she is actually in charge of his trial, it certainly looks that way. (sigh)
https://slate.com/news-and-politics/2023/06/aileen-cannon-federal-prosecution-donald-trump.html
lark
(26,081 posts)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.
lark
(26,081 posts)Cha
(319,082 posts)Link to tweet
Link to tweet
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)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.
SouthernDem4ever
(6,619 posts)Like any good judge would.
jgo
(1,021 posts)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?