I like law stuff and decades ago back in my hometown, my best friend was a lawyer and I learned some stuff.  Enough to be able to understand statutes and even decipher many legal rulings, but also enough to know I’m NOT an actual lawyer and that sometimes it takes someone with an actual JD, and knowledge of a given jurisdiction to understand and explain things.  This is one of those times.

I’ve been hearing and reading lots of commentary/opinions both on Judge Aileen “Loose” Cannon’s getting assigned the Trump National Security (it’s way more than a “documents” case!) case but more importantly whether she will ultimately preside over the whole matter.   I have too many questions at this point, and I fear too much incorrect information is floating around out there.  With Trump’s arraignment set for tomorrow afternoon we all need to know KNOW what Cannon can or cannot do both tomorrow and afterwards to affect the case.  We have more than enough reason to believe she will go to extraordinary lengths to protect Trump.  Even flat-out tank the case for him if she can.

So again, we need not just lawyers but lawyers who know the southern District of FL, and 11th Circuit Court of Appeals and exactly what “Loose Cannon” can or cannot do.  Just as importantly we need to know what is appealable and what it not.  Finally we need to know what, if anything prosecutors can do to if not prevent her from tanking the case so Trump gets off, and the consequences of trying and failing.  So here goes:

  • If the worst happens and Cannon dismisses the case, can prosecutors at least appeal?
  • If Cannon doesn’t take such a drastic step, will she be allowed to continue to preside if she won’t recuse herself in the interest of maintaining the perception of integrity in the legal system?
  • If Cannon will not recuse herself, and is determined to preside where we all KNOW she will run interference, obstruct justice to help Trump can the Chief Judge in her District step in and assign the case to a different judge and if so on what grounds? (more on that to come)
  • If prosecutors do have the right to move for a different judge to preside, what are the odds of success?  And the consequences/potential consequences of failing?
  • If Cannon can only be removed for cause, what might she do that would provide grounds to have her removed? If what I know, or think I know is correct Cannon doesn’t have to dismiss the case
  • If what I know, or think I know is accurate there are ways short of dismissing the case that Cannon can help Trump.  Such as setting a trial date that’s well outside normal federal guidelines.  Can that be appealed?  After all while like any defendant Trump  has the right to a fair and speedy trial (defendants can and do usually waive the speedy trial laws/guidelines) but prosecutors also have a client – the people of these United States which also have rights.
  • As with any trial there are pre-trial motions and about more than when a case will go to trial.  Rulings about what and will not be admitted into evidence can and do have enormous impact on how a trial will unfold and affect the outcome.  What type of decisions on pre-trial motions can be appealed and what can’t?

I’m sure other questions will occur to me as the morning proceeds.  But we need answers to everything I’ve noted in clear, concise language, and from people who are lawyers who know and have worked where this will all take place.

Now.  Today.  By late this afternoon.

We already know Aileen “Loose” Cannon is in the tank for Trump.  She has no f**ks to give as the saying goes.  Hell, she might have delusions of grandeur about Trump sleazing and sliming his way back into the WH and elevating her to a higher court.  That like Brewski Brett Kavanaugh she can do a short appellate stint and wind up on SCOTUS!   People can talk themselves into all kinds of nonsense.

But if Cannon is beyond shame and doesn’t care about public pressure to do the right thing and recuse herself later today or in the morning (and she won’t recuse – not a chance in hell) even if it means a day’s delay in the arraignment while a new judge is assigned maybe pressure on the Chief Judge and others might get her the hell removed.

So again I say the country needs to know, and it needs to be talked about and a LOT every hour in the news and on social media tonight and tomorrow morning what she can do to both help Trump and cripple the prosecution.

And we need actual legal experts that know federal law, and the jurisdiction to provide us answers.

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  1. Even lawyers, some of whom have practiced in FL, seem confused about recusal, how and when; appeals, etc. I’m afraid we’re just going to have to wait and see how this trial unfolds. One thing I read gave me some solace – that Jack Smith knew when he filed this case in FL that it was a possibility that Loose Cannon would get the case and that he has a plan to deal w/her. Based on the extraordinary well-written indictment, Jack has crossed all Ts and dotted all Is and is confident this prosecution will result in a conviction, despite Loose Cannon.

    • I’ve seen at least some of the stuff you have about Jack Smith knowing getting Cannon was a possibility and being ready to deal with her if push came to shove. Well, it’s shove. It’s likely to be battle starting with the arraignment. A legal batter yes, but still a battle. And this old jarhead knows full well a saying you’re probably familiar with that no battle plan survives first contact with the enemy. Or more blunty the infamous boxer Mike Tyson saying everyone had a plan before they get hit in the head the first time!

      Yes, one can plan for contingencies and I’m sure Smith has tried to anticipate all the legal roadblocks Cannon can cause, both the crazy ones that if appealable will quickly get slapped down and ones that can, if still with a smell as nasty as a fake gold toilet full of Trump’s sh*t pass muster as “legitimate” in the legal sense. But this is heading towards a tornado and those suckers can (I know from experience) do all manner of unpredictable things, including not causing what was certain to be huge damage in one spot and instead devasting another within seconds.

      We will have to wait and see.

  2. “If Cannon can only be removed for cause, what might she do that would provide grounds to have her removed? ” How about obstructing justice in a case of grave consequences for national security?

  3. Is someone convicted under The Espionage Act barred from further Federal employment, and, more importantly, barred for standing for Public Office ?

  4. IANAL but Michael Popk is, and what’s more, he is in and knows the actual Southern District of FLorida Despite the Meidas Touch clickbait headline, i recommend watching this to llower blood pressure. Knowing not just the law but the actual district carries weight with me.

  5. WELL NOW WE KNOW more .. she didn’t even show up! She had her Magistrate handle it. Trump never spoke .. but plead not guilty to his 37 counts … so he lied again!l 37 times.
    Trump himself self-incriminated in every way possible. And no Florida lawyer will touch him or NAUTA .. who is in real deep shit.
    He kept his passport and can travel but cannot discuss the case with any of the witnesses including NAUTA.
    As for continuing in her Court who knows. Reread the scathing put down 11th circuit handed her last time .. and yes they can assign another judge I understand if either side requests it.
    HERE #ScottMacFarlane who was one of 40 journos there as relayed by Seth Abramson


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