Judge in Trump Documents Case Has Scant Criminal Trial Experience

[CaptainTruth]

35. Experts can & do disagree on important matters.

To be clear, I'm NOT an expert in this area. I made my statement based on what others have said.

For example, Joyce Alene Vance on June 9:

1/Before everyone gets too spun up about reports Judge Cannon has been assigned to the Trump case, a little law. I used to be an appellate chief in the 11th Circuit (where Florida is) and I litigated a few appeals where we asked the court of appeals to order a judge to recuse.

2/Altho a judge's behavior in court generally doesn't form the basis for recusal, the 11th Circuit has ordered "reassignment" where a judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question. This is from US v. Martin
[image which includes]
IV. REASSIGNMENT
Finally, based on our review of the record and the elements that this Court considers in determining whether to reassign a case to a different judge where there is no indication of actual bias, see United States v. Torkington, 874 F.2d 1441, 1447 (11th Cir. 1989) (per curiam), we have determined it wiser to remand this case with instructions to reassign it to a different judge.
[followed by case-specific comments which don't apply in Trump's case, which I understand may decrease the relevance of this example]

3/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.


Joyce Alene Vance on June 12/13:

1/ CIPA [Classified Information Procedures Act] is a federal law that directs how a trial judge should handle issues involving potential exposure of classified material in criminal trials. As you might expect, it's complicated.
[image that briefly explains CIPA]

2/ Today in my newsletter, I explain how CIPA works & how provisions authorizing an immediate appeal of adverse decisions may let prosecutors challenge Judge Cannon's decision to remain on the case, without incurring additional delay.

[different thread]

4/If Judge Cannon runs afoul of CIPA, prosecutors will appeal her to the 11th Circuit. If she continues to put her thumbs on the scales of justice for the former president, she could be reversed, the circuit court could direct that the case be reassigned to another judge.

5/Because the gov't will have to appeal any egregious mistakes the judge makes on CIPA matters, it's a prime opportunity to request reassignment without injecting any additional delay into the case.


And Norm Eisen on June 12:

Judge Cannon’s name may be familiar to many

She heard Trump’s challenge to the DOJ search & unlawfully barred them from using the records in their investigation

Her outrageous decisions were reversed as violations of “clear” law by an ultra-conservative 3-judge panel (2/x)

Under 28 USC 455(a) a judge shall disqualify themselves if their “impartiality might reasonably be questioned.”

Judge Cannon’s situation clearly fits that test

She is obligated to recuse herself & if she doesn’t the 11th circuit will likely reassign sooner or later (3/x)
[image which includes]
28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge
(a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
[end of image]

28 USC 455 does not require a showing of actual bias

It simply asks whether “an objective observer” would question the judge’s impartiality

How could any objective observer not question it after those lawless rulings favoring Trump as we explain (4/x)

[Link to article titled Aileen Cannon’s Previous Rulings About Trump Demand Her Recusal
BY NORMAN L. EISEN, RICHARD W. PAINTER, AND FRED WERTHEIMER JUNE 12, 2023]

https://slate.com/news-and-politics/2023/06/trump-indictment-remove-judge-aileen-cannon.html]


Who's right? I have no idea. I don't have a law degree & I have no expertise in this area. I'm merely noting that, as with many things, experts can & do disagree on what might or will happen. And as always, thanks for your input! I always appreciate it.