I’m serioius. Is federal District Court judge Aileen “Loose” Cannon deliberately trying to get kicked off the National Security Case against Trump down in Florida? Trial judges, whether state or federal have a lot of discretion during a case. It’s rare for a judge to be removed for cause. Prosecutors have good reason to avoid even attempting it for an obvious reason. If they try and fail, that judge can make their life miserable in all manner of ways and virtually ensure they loose at trial. In a criminal case, a defendant being acquitted is game over. Unlike defendants, prosecutors can’t appeal a loss at trial. However, I really am starting to wonder if Cannon is trying to find a way out short of recusing herself.
Ever since her bizarre ruling that the prosecutors and defense respond to her thoughts about jury instructions when a trial date hasn’t even been scheduled legal experts have been weighing in. In this article from the Washington Post it’s easy to see why. Judge Cannon seemed skeptical of Team Trump’s arguments in a recent hearing to consider two motions for dismissal. One was “sort of” denied and there was no ruling at all on the other. Even in denying the one motion Cannon left the door open to revisit it at trial, particularly when the time would come to instruct the jury on the law prior to beginning deliberations!
That sure as hell got the legal pundits chattering. The main takeaway is that had she ruled in Trump’s favor on either motion Jack Smith would have not only solid grounds, but no choice to appeal to the 11th Circuit. The very same judges who slapped Cannon down HARD (twice) when prior to her getting assigned the actual case she tried to hamstring the prosecution with her ruling appointing a Special Master. Between that, and other aspects of her handling of the case after the indictment was handed down and she caught the case the 11th Circuit might do what the Chief Judge in her District failed both at the beginning and since didn’t have the guts to do – assign the case to a different judge to avoid the obvious appearance of impropriety. As in bias in favor of Trump.
Like so many others I had instant “what the hell? reaction to the judge’s missive but instead of reacting right away I chose to take some time. Listen to people, legal pundits who know a whole lot more than I do. They are still in their own “what the hell is she up to?” mode but a couple of themes have emerged. One is that Loose Cannon is way the hell off the reservation legally speaking. Another relates to her initial ruling (and non ruling) last week. The thinking was she avoided giving Smith an excuse to run to the 11th Circuit by ruling in favor of one or both of Trump’s dismissal motions. She’d have been overturned and quite possible be removed. However, since she left the door open to revisit thing AFTER the trial began the jeopardy would be attached. If she then granted a motion to dismiss that would be it. Smith wouldn’t be able to appeal, and Tump would skate – once again evading justice.
However, doing such a thing would also make quite real the possibility that Cannon herself could wind up facing justice herself. For starters becoming the first federal judge to be impeached and removed from office. Perhaps lose her Bar privileges and therefore be forced from the bench that way. Or both. And forget about moving up to bigger and better things. Even obstruction of justice charges might be on the table. That brings us to this week’s what the hell is she up to? question. I can’t say I’m convinced she’s trying to do so but I don’t think it’s crazy to ask if she’s TRYING to get Smith to go to the 11th Circuit. If so then one has to ask why she’d want that.
Let’s take a look at what’s just transpired. The WaPo describes how the judge’s two page order shows both skepticism of Trump’s arguments but also a willingness to take them seriously. Given what I’ve already talked about regarding what happens if she waits until trial to issue a ruling that, even if not a dismissal gives the jury little choice but to acquit him the scenarios she lays out are more than a little concerning. In ordering both prosecutors and defense attorneys to assume both scenarios she proposes are “correct formulations of law (they aren’t) to offer their own versions she lays out her thoughts:
In the first scenario, Cannon said, the jury would be allowed to review a former president’s possession of a record and make a factual finding whether “it is personal or presidential using the definitions set forth in the Presidential Records Act,” also known as the PRA.
Confusingly, she added in a footnote that any “separation of powers or immunity concerns shall be included in this discussion if relevant.” Immunity is a topic for judges to decide, not juries, so it was not immediately clear what that language in Cannon’s order meant.
The second scenario Cannon describes is one in which a president “has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision.”
As the WaPo explains it in practical terms, that second hypothetical might well make it impossible to convict Trump under almost any set of facts of improperly (illegally I must add) possessing classified documents. They go on to dryly not: “It was not immediately clear how Cannon envisions a trial potentially based on that premise.”
The linked article also addresses the issue Cannon didn’t rule on last week, where dismissal was sought over “vagueness” in the Espionage Act. Both then and again this week Cannon seems open to taking a much more serious look at the defense argument once the trial is underway. (I’ve already explained why we should be worried about that) I’d suggest reading the entire article but I want to move on.
I’ll restate my question which is this: Is Cannon trying to force Jack Smith’s hand? To leave him no choice but to file an interlocutory appeal with the 11th Circuit? If so there are two possibilities. She’s trying to get someone else, as in the 11th Circuit to proverbially write the rules for how the trial will be conducted and take her off the hook for “allowing” a fair enough process that Trump gets convicted. Or maybe, just maybe she’s trying to signal she’s cool with them replacing her!
While that might at first glance seem crazy think about it. Cannon knows by now she’s maxed out. Her little one-judge shop is the end of the road for her. Sure, she can sit there collected her $185k per year and benefits until it’s time to retire but she’d hardly retire in the lap of luxury. Also, if Trump winds up convicted despite her efforts to protect him she’ll have MAGA after her for at least a decade, if not the rest of her life. Maybe she wants a way out. Recusal isn’t an option for her. Frankly, I don’t think it ever has been. The moment it was announced she’s be overseeing the Florida case champagne corks were popping at Trump’s place. And in lot of other high end MAGA’s homes and offices too. Recusing would mean “quitting on Trump”, throwing him to the “deep-state” wolves. She’d be looking over her shoulder for the rest of her life.
For the same reason, he “boss/supervisor” as in the Chief Judge of her Circuit wasn’t about to shoulder the burden of removing her from the case either. However, with the 11th Circuit which is packed with hard core Federalist Society approved conservatives there’s safety in numbers. If THEY do the dirty deed, remove Cannon then it will blow over, Eventually. The immediate effect would be a new judge would have to be assigned, ensuring no chance of the case making it to trial before the election. (I won’t go into explaining why) Short of dismissing the charges against Trump in a way that let’s him off the hook entirely this is what Cannon wants anyway.
However, there are additional reasons Cannon might want to get herself tossed aside. As I said her judicial career is toast. At best she can just quietly collect her salary and earn a decent federal pension someday. However she’s also a kindred spirit of Trump’s and can imitate him by playing the “victim” card. She can resign and write a book which Leonard Leo can help ensure “sells” at least a couple million copies of. That will make for a nice payout. Then, some type of position can be arranged for her. Perhaps a fellowship at a RWNJ think tank at a salary similar to what she’s making now. Plus she can collect hefty speaking fees on the RWNJ circuit. Basically, she can bank five or six million bucks without breaking a sweat. If in ten years or so her proverbial star burns out completely she’ll have racked up even more but be in a position to retire young. And enjoy her ill gotten gains.
Still think I’m crazy for suggesting she just might want Jack Smith running to the 11th Circuit. With something outrageous enough that they in turn have to say “That’s it. She’s gotta go!” and allows for what I just outlined to play out? Don’t expect Smith to do anything right away. He’ll want to wait until after early April and her getting a chance to review what he and Trump’s lawyers have to say about her “possible” jury instructions. Even then he might hold his fire.
If so and Cannon keep ripping gaping holes in the envelope then we’ll have a pretty clear indication she does if fact wan the 11th Circuit to kick her to the curb. As always, time will tell.
It takes very little actual legal knowledge to see the obvious: cannon is WAY out of her depth. She is frightfully incompetent and belongs nowhere near any judge’s bench let alone one at the federal level. This seems to be a pattern with these justices hand-picked by mcconnell: they are incompetent boobs.
They are modern pube “Federalist Society” asshats. What else would you expect? All are unserious, cynical, disingenuous, bad faith actors willing to torch the Constitution and YOU for their own ill gotten wealth and power. You can’t trust “conservatives” any longer. They are NOT operating in anything even remotely resembling “good faith”.
And that’s what they want. Justice dispensed by incompetent boobs – who can be easily swayed to rule in their favor.
Yes… there are a few of those “incompetent boobs” on the SCOTUS also. An at least 2 who are openly CORRUPT & UNFIT for the lofty seats they occupy. When the Dems take back control of the House & Speaker Jefferies is in place, I hope 2 of the matters of business they will be taking up is the IMPEACHMENT OF A PAIR OF CORRUPT ASSHOLES.
Cannon apparently holds onto her office during ‘good behaviour’ In this case it is reasonable to think ‘what good behaviour?’ has been on display by Cannon. Possibly a patzer that’s mismanaged good behaviour by doing what she has and exposed herself as a competent throttlebottom. Then again, there could be a strategy contrived to winkle herself out of the sticky patch she’s so successfully got herself into. All will be revealed in due course, as the cards get laid out on the table.
Loose Cannon…. the weak link in the Florida Justice System. But FASCIST FLORIDA seems to have a lot of weak links throughout various State functions.
Another nazi judge assisting the corrupt autocratic process to install a dictator to enrich herself!
Loose Cannon is working on the premise that if she assists DON THE CON in getting back to the White House, she will be rewarded with a cushy SCOTUS job.
“However, doing such a thing would also make quite real the possibility that Cannon herself could wind up facing justice herself. For starters becoming the first federal judge to be impeached and removed from office.”
I think I refuted this notion some time ago, but Cannon would hardly be the “first federal judge to be impeached and removed from office.” In fact, that actually happened for the very first time some 220 years ago. John Pickering, of the US District Court for New Hampshire, was impeached by the House in 1803 on charges of intoxication on the bench and mental instability, and the Senate convicted him and removed him from office in 1804.
Even in Florida, Cannon wouldn’t be the first. That happened nearly a century ago, in 1936 when Halsted Ritter of the US District Court for the Southern District of Florida was impeached by the House on “charges of favoritism in the appointment of bankruptcy receivers and practicing law while sitting as a judge” and, barely six weeks later, was convicted by the Senate and removed from office.
And, according to the Federal Judicial Center (https://www.fjc.gov/history/judges/impeachments-federal-judges), it’s happened FOUR TIMES in just the past 40 years (with three of those happening within a little over three years in the late 80s). The names of the judges? Harry Claiborne (US District Court for the District of Nevada, 1986), Alcee Hastings (US District Court for the Southern District of Florida, 1989), Walter Nixon (US District Court for the Southern District of Mississippi, 1989), and Thomas Porteous (US District Court for the Eastern District of Louisiana, 2010).
Now, Cannon could become the first FEMALE federal judge to face that penalty but, then again, let’s remember what’s required. For starters, the House has to begin the process and, unless the Democrats retake the House, the GOPers currently mishandling the House wouldn’t even consider impeaching “one of their own” (especially if she’s helping their Führer). Secondly, conviction and removal by the Senate requires the same 2/3 majority that any other impeachment requires. Now, MAYBE, enough House GOPers might be willing to go along with the impeachment articles to get that bare majority required (though it’s unlikely that Johnson would be willing to bring the impeachment article/s to a floor vote) and MAYBE enough GOP senators would look at this as a “well, this is just a nothing-burger of a judge so who really cares” kind of case and vote to convict and remove her from office but we’ve got a far different GOP in Congress now than we had back in 2010.
Loose Cannon has been trying to find various ways to assist her Lord & Master, DON THE CON, out of his SECRET DOCUMENTS JAM. She’s already been reversed & reprimanded twice for inappropriate actions regarding this case. But she does want to help DON THE CON get off from these charges if she can & is looking for a way to do it, without getting herself & her reputation in too much trouble.
This article was quite thorough in considering the different situations & scenarios that Cannon must consider. I have no doubt & Cannon has proven that she would consider almost any ridiculous argument that DON THE CON’S lawyers bring as his defense. One of the defenses that Trump & his lawyers have broached is the idea of Trump believing he was legally able to decide which documents were his personal property.
DON THE CON has also made claims that he had the power to declassify SECRET documents himself without any formal process, but simply using his own mind in a magic way. Along those lines, if Trump’s lawyers submitted the photo below as his explanation of how he transformed the documents from TOP SECRET to declassified… Loose Cannon would most likely accept it into evidence. I have no doubt.
And on goes the circus of the Trump documents case in Florida under MAGA Judge Loose Cannon.