I was willing, wrongly as it turns out, to give Judge Aileen Cannon the benefit of the doubt when she was assigned to be the judge on Trump’s first effort to attack the Mar-a-Lago prosecution. That happened before he was indicted, following the execution of the search warrant when his lawyers filed a completely unwarranted civil action to block DOJ from using evidence they had lawfully obtained. Cannon ruled on Trump’s behalf but was mercilessly bench-slapped by the Eleventh Circuit, reversing her not once but twice, before DOJ got its hands on all of the evidence and subsequently indicted Trump.
I agree; Jack Smith needs to file his motion to recuse now. Better late than never. I have worked as a trial lawyer since 1977. I have never seen a judge so blatantly tipping the scales for one side in all those years. She doesn't have her thumb on the scale, she has both hands and all her weight on it.
I was a commercial trial litigator in Texas for 40 years. When I or a colleague would encounter this kind of judicial favoritism, we called it getting served home cooking. Judge Cannon has served Jack Smith a seven course dinner.
I like to believe that Jack Smith's silence indicates that something serious is in the works. Perhaps he's working to get to get all his ducks in a row. Smith has a reputation for thinking several moves ahead.
"Perhaps he's working to get to get all his ducks in a row. Smith has a reputation for thinking several moves ahead."
Yeah well ... call me cynical, but Jack Smith has been given an awful lot of time and grace to line up those ducks, and three years and counting after the 2020 election,. not one person who wears a suit has been convicted of any insurrection behaviour, let alone seen jail. Okay, Peter Navarro just went in, but that was an unforced error on his part.
And TBH thinking several moves ahead might not be the best strategy right now. And I think Merrick Garland (and/or the Democrat establishment) have him on a tight leash.
I've been a litigator since '85 and have also watched what has happened in many, many other cases. While I've seen some bad -- even stupid -- judges, I've never seen anything like this.
Actually, I take it back. I practiced in a small town for a brief period and there was a judge who NEVER ruled against the firm he used to work for. Never. It was beyond belief but I'd blocked that out.
I am still hoping for justice to prevail, but I must admit I had a bad feeling about judge Cannon from the beginning too, because I am sure there are people in her life who are pressuring her to be lenient on Treacherous-treasonous-traitor-Trump and that is going to outweigh doing what is right. She is after all, a member of the Federalist Society. There judgments are preordained for them like her fellow [In]Justices Alito, Thomas, Barrett, Kavanaugh, Gorsuch and Roberts. While Roberts denied being a member, there is evidence that he is or was. https://www.confirmationtales.com/p/roberts-federalist-society
No one who is a member can be trusted to be just. They would not belong to such an organization if they were.
It's not a loophole, but an obligation. A judge is supposed to recuse rather than allow even the appearance that they are less than completely impartial. Cannon violated the first rule of judicial ethics.
Thomas sets the tone for self interest. The fact that he does it with impunity sets the tone for judges like Cannon to do as they wish, not what they should.
this behavior leaves room for recusal. Yes she is doing Thomas's bidding and waiting for his seat and he is hiding with his wife all the insurrection issues and involvement so the cases will be dumped and never heard, nor will their level and depth of involvment in the insurrection. He oversees Cannon's district court, never forget that, the cases are going south fast as a result
Hi MaryCat, the first rule is she has to know the law. She either does not know the law or is pretending ignorance. She has put us in great danger and it’s time for Jack Smith to take all the prior cases where she’s ignored case law to the 11th Circuit and I’m surprised it didn’t happen this morning.
I too wonder why Smith hasn’t already acted. But I wonder this about so many people involved with Trump who choose not to take action when they could and should.
That's my question also! Joyce's post here makes so much sense to me, a non-lawyer, that I just can't understand why Jack Smith hasn't yet attempted to get her off the case.
The ex-president should never have been given access to classified documents. I don't care if he was the president, he was a compromised security risk. He's even more so now given his financial issues, which make him extremely vulnerable to foreign influence. Cannon should have been dismissed the moment her name came up for the case based on how she handled it previously. It's almost like now she's begging someone to get her off the case so she doesn't have to do it herself.
A man like the orange facemask should never have been given a security clearance for any level of access to classified information then and even more so this second time around. Veterans and others who have had to undergo the personal and professional scrutiny in getting a security clearance know that financial and moral turpitude issues can prevent you from getting that clearance, and this guy wears those issues proudly and arrogantly like his red hat. Whoever thought we’d have an actual president who should never, ever have qualified for high-level clearance in any other setting?! It’s obviously an extremely important issue for our country going forward.
I’m not sure Reader/Writer, but I don’t think the president or Congress are required to have security clearances. That is indeed a problem. So he sat as president for four years and prior to having security briefings, then lifted classified documents, knowing they were classified and misused and shared them.
That shouldn’t matter. Everyone is getting threats from the crazies. Fear isn’t strength.
And I’m sorry to use Crazy but at this point I cannot find another word that fits. If you in any way find this guy acceptable- honest- decent- you’re Crazy.
The DT has used threats of revenge since he was running for office the first time. He has shown during his term in office how vindictive he is to those who in one moment he has his arm around promising the world and the next he fires, apparently on some addled whim. It was my personal opinion that perhaps some of those documents in his bathroom were in fact extortion material for future ammunition on those who opposed him. He’s just too stupid to understand that he’s not omnipotent.
Good chance she was put in as a ringer by iDJT knowing he’d face legal trouble in Florida after he left the WH. He couldn’t afford to put in someone who was a) actually qualified and b) not 100% MAGA certifiable.
Brilliant idea Paul! It certainly would’ve worked with classified maps. Recall, his sharpie pen, when he redrew the state of Alabama to be on the sea coast of the Atlantic with Hurricane Dorian designated by NOAA not to touch Alabama in any way.
I am honestly convinced to this day that he thought Alabama had an Atlantic seacoast border. He then wouldn’t back down. But we could easily have given him classified mapping, showing Afghanistan on the other side of Greece for example - or switch it up with Armenia. You are absolutely on fire with this suggestion!
I have said to a couple friends that I thought we (the good guys) made a mistake, right at the time of Trump ending his term. I wanted to consider appointing him Czar of something sounding important, giving him a nice desk in a non-classified area, even a phone, highly admiring him for actually making one good decision--putting megabucks to developing the first COVID vaccines. Big trophy, award ceremony, the whole shebang. It could have short-circuited him.
Exactly. But for anything like that to fly with Trump we’re going to have to add some cash. I actually thought of that at one time that perhaps we could take up a collection or an annual subscription from each of us. Think about the time it has taken for all of us to spend several hours per day, often just writing, responding to Eileen Cannon’s drivel. Of course he would negotiate the price because he likes to do “the perfect deal.” He’s kind of like when you have to marry someone and divorce them to get rid of them. I know some people wouldn’t like to pay him off just on the principle (Jack Smith would probably be like that), but I certainly wouldn’t mind. What do you think about the idea of giving him a certificate for his “service as our almost dictator from January 20, 2017 to January 5, 2021 and January 7, 2021 to January 21, 2021.”
(I hope I got those dates right. I only do math on my fingers and toes and I subtracted January 6 because I don’t think he deserves any recognition for anything he did that day. I don’t do time either so you might want to check my dates on that certificate.). If each registered Democrat gave $200 a year that’s not a bad IRA. But it has to be with an ironclad understanding that he will definitely ‘please just go away.’
Getting Jack Smith to buy off on it will be the trick. he turned his nose up at DOJ‘s plea deal and they don’t offer those very often. Jack is quite bent on convicting him. Let’s just help him go away. Then we wouldn’t have to worry about defeating him on November 3 but the concern then is what doofus the Republicans would put up in his place. And then, of course, the precedent: Clarence Thomas might want to put us in a bidding war with the folks that are paying him to stay on the Supreme Court.
There's a flaw in the way judges are selected for cases. An inexperienced judge should never have gotten this case. Same with McAfee in Georgia. These cases demand judges who know the law, from years of experience.
I’ve been thinking the same! She CAN’T figure this out. She’s in so far over her head and increasingly overwhelmed. She appears to be asking the lawyers for the answers. Throw her a life ring and drag her to shore!
The U.S. Intelligence Agency will begin (if they haven’t already) briefing Trump on intelligence issues because he is a major contender for the job of President. They are supposed to according to the law. He tells everything to whoever will listen after they brief him. We are once again putting our country in grave danger.
As a retired attorney, though with far less trial experience than Joyce, I'd have to say that after reading the transcripts of Judge Cannon's rulings, I've never seen such blatant behavior by a trial judge, especially at a relatively early stage of a case. Though Trump's civil-case outcomes prior to the election hold promise for those who understand he is an absolute threat to democracy, it is at the ballot box,, as Joyce has frequently reminded us, where this nightmare must be ended once and for all. Then the criminal cases can move forward on a "normal" course while Trump continues to pile up his huge legal bills.
Absolutely David! And time is of the essence to get her off the case, get a decent judge on and get a trial going with evidence presented before the election, even if the trial is going on during the election. I’m not an attorney, but if the trial proceeds, and evidence is shown at the trial, I’m wondering if we could have panels of prestigious, attorneys, judges, even former cabinet members pointing to the danger of a second Trump election because of the alleged sharing and even sale of documents? I guess it’s easy to be an armchair attorney, and no one can think Jack Smith, but I’m wondering if the Australian billionaire could testify first? He said he had seen classified documents at Merle Largo.
By all means Jack Smith should seek mandamus removal of Judge Cannon. Focus on the Monday order with the hypotheticals for the jury when both of the hypotheticals misstated the law. Focusing on jury instructions when there are pending motions and no trial date is absurd. Cannon is running the clock seeking to avoid an appealable issue so trial will be after the election, but the Monday erroneous hypotheticals are so strange that the 11th Circuit could see the Cannon writing on the wall and for the integrity of the federal judiciary, she should be removed now.
As a retiree who worked in a classified environment for 30 years, ever vigilant about the security of classified materials, I feel gut-punched every time I read about Cannon. I literally want to puke. Nevertheless, thanks for keeping us informed. You are very appreciated.
Any of us who have gone through the vetting to get a high level security clearance are nauseated at this blatant disregard for following the Rules and Laws that keep Americans safe. And that ALL Americans - not just (D), (R), (I) voters… it’s All Of Us.
Joyce, thank you for laying this out so clearly and succinctly. It stuns me that this situation even exists, and that we seem so powerless to change it. I agree totally that Judge Cannon should either step down or be recused. She is a danger to our democracy by her failure to respect the norms of judicial behavior. What can we do to make a difference?
Nope MaryCat: indeed, we can change this picture. We can vote to re-elect Joe, have a majority Blue bicameral Congress - more than 2/3 Senate Democrat, and then impeach Cannon and others of her sort. That all comes after we win November 3.💙
"... have a majority Blue bicameral Congress - more than 2/3 Senate Democrat"
The maths unfortunately are not on your side.
There are 34 Senate seats up in 2024 - including a special election in Nebraska - of which 23 are held by Democrats or Independents. Republicans can retake control with a net gain of two seats or by winning the 2024 presidential election along with a net gain of one seat.
So even if the Democrats win every seat currently held by the Republicans, and hold every seat they (or Independents) are contesting themselves, they would still not have a two-thirds majority. They face an uphill battle retaining the Senate at all.
Judge Cannon is an insult to the judicial system. If she stays. It will be one more feather in Trump’s stupid mega cap! Trump keeps getting breaks from the courts enabling his delay tactic. Let’s hope Cannon is out and never appointed to the Supreme Court.
After only three years of trial work, she was fast tracked to the Federal Court. Another Republican approved judge to be in position to enforce the Heritage Foundation’s Project 2025 described by Heather Cox Richardson? Let’s hope Jack Smith nips her in the bud!!!
Jack Smith has been more than patient and measured in his response to Canon's ruling shenanigans. Hopefully he can tap his high intellect and legal skills to take Canon's thumb off the scales.
And the news just keeps getting bleaker. Now, the issue with Fanni Willis is being appealed, and the judge is allowing it. Should add more weeks to the Georgia case. WTF? The Trump legal teams must be having a ball. Sore hands from all the high fives. Lots of hangovers from the previous night's celebrating. Everything they are doing is delivering the desired results - delay. Never mind guilt or innocence. That is not part of the equation at all. They have succeeded in making nearly every prosecution team look amateurish at best if not just incompetent. Oh, and let's not forget the press including their legal experts. I tire of them being surprised by it all. And, I think there are plenty of other things the Trump teams have up their sleeves. They might get "tired of winning". Time to better anticipate this stuff and quit with the whining about how outrageous it is.
We the voters will be going it alone. Our system of justice has shown its colors. It's ripe for the taking if you have the money.
In his morning's WaPo is an article outlining how flummoxed many lawyers/judges are by Cannon's rulings. Makes me believe in conspiracies: I wonder whether she is being secretly coached by TffG supporters/law types.
You're exactly right. If I EVER hear a Republican or MAGA person say Drain the Swamp again I just might have to smack them. I am so upset about this. God Love Joyce. I am so grateful for her!!❤️🇺🇸💙
I agree that a motion to recuse must be made, and now there is a solid basis to do it. As a criminal defense attorney, I always want to believe in the neutrality, integrity and independence of judges but this is one instance where bias is being clearly shown.
First, seeking jury instructions at this point in the proceedings is unprecedented. Proposed jury instructions are usually set to be filed right before trial, and then amended as trial proceeds and the evidence comes in.
Second, the two posited jury instructions are just wrong and have no relation to the elements of the offense or to the laws governing classification of documents.
Third, the void for vagueness argument is beyond non-meritorious -- it's frivolous. The statute is clearly written and has withstood the test of history and time. The defendant was given ample opportunity, before and after he left office, to understand the statute's terms and how it applied to him.
I had my own "conspiracy theory" about this case: I imagined a scenario where Judge Cannon made good law-based decisions, creating the impression that she was calling the balls and strikes fairly and, thus, providing no basis for calling foul. (Sorry -- baseball on my mind!) Then, with her credibility established, she would grant the motion for judgment of acquittal after the Government rested. As you have pointed out, that decision, like a jury's verdict of acquittal, cannot be appealed.
But that's not what is happening here. Judge Cannon is giving Jack Smith the opportunity to act. He can avoid a result that everyone would find suspect and would only further undermine our faith in our laws and our judges. Let's hope he takes it.
I agree; Jack Smith needs to file his motion to recuse now. Better late than never. I have worked as a trial lawyer since 1977. I have never seen a judge so blatantly tipping the scales for one side in all those years. She doesn't have her thumb on the scale, she has both hands and all her weight on it.
I was a commercial trial litigator in Texas for 40 years. When I or a colleague would encounter this kind of judicial favoritism, we called it getting served home cooking. Judge Cannon has served Jack Smith a seven course dinner.
I have to believe Jack Smith is smarter than Cannon, and that he has a plan.
He's gotta have a plan, right?
I like to believe that Jack Smith's silence indicates that something serious is in the works. Perhaps he's working to get to get all his ducks in a row. Smith has a reputation for thinking several moves ahead.
"Perhaps he's working to get to get all his ducks in a row. Smith has a reputation for thinking several moves ahead."
Yeah well ... call me cynical, but Jack Smith has been given an awful lot of time and grace to line up those ducks, and three years and counting after the 2020 election,. not one person who wears a suit has been convicted of any insurrection behaviour, let alone seen jail. Okay, Peter Navarro just went in, but that was an unforced error on his part.
And TBH thinking several moves ahead might not be the best strategy right now. And I think Merrick Garland (and/or the Democrat establishment) have him on a tight leash.
Laced with arsenic.
I've been a litigator since '85 and have also watched what has happened in many, many other cases. While I've seen some bad -- even stupid -- judges, I've never seen anything like this.
Actually, I take it back. I practiced in a small town for a brief period and there was a judge who NEVER ruled against the firm he used to work for. Never. It was beyond belief but I'd blocked that out.
You got that right, counselor (from a retired criminal defense paralegal).
I am still hoping for justice to prevail, but I must admit I had a bad feeling about judge Cannon from the beginning too, because I am sure there are people in her life who are pressuring her to be lenient on Treacherous-treasonous-traitor-Trump and that is going to outweigh doing what is right. She is after all, a member of the Federalist Society. There judgments are preordained for them like her fellow [In]Justices Alito, Thomas, Barrett, Kavanaugh, Gorsuch and Roberts. While Roberts denied being a member, there is evidence that he is or was. https://www.confirmationtales.com/p/roberts-federalist-society
No one who is a member can be trusted to be just. They would not belong to such an organization if they were.
No fat-shaming! 🤣
What would be the reason for Smith letting this go on?
It's stomach turning to think we'll get down the road and have her dismiss or issue a directed verdict.
Our justice system baffles me.
It's like our tax system, too many loopholes people can take advantage of.
It's just so discouraging.
Actually, loopholes only the rich can take advantage of because they can hire the best lawyers/CPAs.
It's not a loophole, but an obligation. A judge is supposed to recuse rather than allow even the appearance that they are less than completely impartial. Cannon violated the first rule of judicial ethics.
Yes and Clarence Thomas sets the tone. Cannon probably gets her inspiration from him.
Thomas sets the tone for self interest. The fact that he does it with impunity sets the tone for judges like Cannon to do as they wish, not what they should.
Exactly!
Clarence Thomas should have never been approved for SCOTUS. His lack of ethics uncovered now is proof.
this behavior leaves room for recusal. Yes she is doing Thomas's bidding and waiting for his seat and he is hiding with his wife all the insurrection issues and involvement so the cases will be dumped and never heard, nor will their level and depth of involvment in the insurrection. He oversees Cannon's district court, never forget that, the cases are going south fast as a result
I totally was unaware that Cannon is in Thomas' district!
While searching to verify this, I did find out (and most probably know) that Cannon has been a member of the Federalist Society since 2005
She was confirmed with 12 Dem votes, which put her over the line. She also was confirmed after trump lost the election, during the lame duck session.
Of course she is.
Another D own-goal (spit)
Our work is cut out for us before and after November 3 for sure
Hi MaryCat, the first rule is she has to know the law. She either does not know the law or is pretending ignorance. She has put us in great danger and it’s time for Jack Smith to take all the prior cases where she’s ignored case law to the 11th Circuit and I’m surprised it didn’t happen this morning.
Valere, she didn't just get off the boat. Even village court judges know this basic judicial rule of not allowing even an appearance of bias.
We’re talking about two separate issues. She’s pretending she doesn’t know the law.
I think she just chooses to ignore it, much as her benefactor does.
Imagine going to Federal court, knowing the JUDGE will do everything possible to let you off the hook.
Mind bogglingly corrupt. Banana republics can and have done better, but that's where we are headed under Condeferate rule
I wouldn’t call them the best lawyers but pure spin artists.
Amen. All of the biggest and best law firms in the nation won't touch President Trump because he's such a nut job.
They wouldn’t touch him cause they don’t want their names attached to a client that won’t shut up, pay his bills and is completely guilty.
And will lie whether or not he is under oath thus setting the scene for major perjury and embarrassed lawyers
You have a point.
Yes, but we have Lawyer Joyce!!
Define "the best" please!
And lobby Congress to tweak the tax code for them. And to gut the IRS
I too wonder why Smith hasn’t already acted. But I wonder this about so many people involved with Trump who choose not to take action when they could and should.
Respectfully, old adage that says "Don't wound the bear" may be part of a reason-
(not enough bad stuff accrued, do not know who- or how many- judges are
similarly inclined,) or, MG has restrained JS, either expressly, or by same standard he
"restrained" the DOJ for two years-- {e.g.: above ALL, do not make anybody think you
are behaving in a partisan way!- as opposed to ---do your job- aggressively, and let justice be your guide.
That's my question also! Joyce's post here makes so much sense to me, a non-lawyer, that I just can't understand why Jack Smith hasn't yet attempted to get her off the case.
Thank you for this post, Joyce. I was relieved just reading it. Now hoping Jack Smith will file!
She should have been off the case from the beginning. It’s so frustrating!
Utterly unqualified and corrupt- why does that sound familiar
The ex-president should never have been given access to classified documents. I don't care if he was the president, he was a compromised security risk. He's even more so now given his financial issues, which make him extremely vulnerable to foreign influence. Cannon should have been dismissed the moment her name came up for the case based on how she handled it previously. It's almost like now she's begging someone to get her off the case so she doesn't have to do it herself.
A man like the orange facemask should never have been given a security clearance for any level of access to classified information then and even more so this second time around. Veterans and others who have had to undergo the personal and professional scrutiny in getting a security clearance know that financial and moral turpitude issues can prevent you from getting that clearance, and this guy wears those issues proudly and arrogantly like his red hat. Whoever thought we’d have an actual president who should never, ever have qualified for high-level clearance in any other setting?! It’s obviously an extremely important issue for our country going forward.
I’m not sure Reader/Writer, but I don’t think the president or Congress are required to have security clearances. That is indeed a problem. So he sat as president for four years and prior to having security briefings, then lifted classified documents, knowing they were classified and misused and shared them.
"It's almost like now she's begging someone to get her off the case so she doesn't have to do it herself."
You may be right, Amanda.
Is she getting threats from magaland?
Wondered this. Or through family/ friends. Threats or INSTRUCTIONS?
Exactly!! She's probably getting flowers instead. GRRRR.
That shouldn’t matter. Everyone is getting threats from the crazies. Fear isn’t strength.
And I’m sorry to use Crazy but at this point I cannot find another word that fits. If you in any way find this guy acceptable- honest- decent- you’re Crazy.
Even The Banality of Crazy, is still CRAZY.
Judges included.
Nope, she's done everything possible for their maggat Jesus so far.
The DT has used threats of revenge since he was running for office the first time. He has shown during his term in office how vindictive he is to those who in one moment he has his arm around promising the world and the next he fires, apparently on some addled whim. It was my personal opinion that perhaps some of those documents in his bathroom were in fact extortion material for future ammunition on those who opposed him. He’s just too stupid to understand that he’s not omnipotent.
I was thinking that too. She wants off the case.
I doubt that. She wants to throw it in her sponsor tRump.
Judge Cannon's recent rulings prove that she doesn't want to handle the case.
It could also be that she is in a way over her head as a baby judge period or a combination of both inexperience and bias.
Good chance she was put in as a ringer by iDJT knowing he’d face legal trouble in Florida after he left the WH. He couldn’t afford to put in someone who was a) actually qualified and b) not 100% MAGA certifiable.
Love iDJT! Must be the Irish in me.
The i stands for _____ ?
Or perhaps he should have been given fake ones marked highly classified.
Brilliant idea Paul! It certainly would’ve worked with classified maps. Recall, his sharpie pen, when he redrew the state of Alabama to be on the sea coast of the Atlantic with Hurricane Dorian designated by NOAA not to touch Alabama in any way.
I am honestly convinced to this day that he thought Alabama had an Atlantic seacoast border. He then wouldn’t back down. But we could easily have given him classified mapping, showing Afghanistan on the other side of Greece for example - or switch it up with Armenia. You are absolutely on fire with this suggestion!
I have said to a couple friends that I thought we (the good guys) made a mistake, right at the time of Trump ending his term. I wanted to consider appointing him Czar of something sounding important, giving him a nice desk in a non-classified area, even a phone, highly admiring him for actually making one good decision--putting megabucks to developing the first COVID vaccines. Big trophy, award ceremony, the whole shebang. It could have short-circuited him.
Exactly. But for anything like that to fly with Trump we’re going to have to add some cash. I actually thought of that at one time that perhaps we could take up a collection or an annual subscription from each of us. Think about the time it has taken for all of us to spend several hours per day, often just writing, responding to Eileen Cannon’s drivel. Of course he would negotiate the price because he likes to do “the perfect deal.” He’s kind of like when you have to marry someone and divorce them to get rid of them. I know some people wouldn’t like to pay him off just on the principle (Jack Smith would probably be like that), but I certainly wouldn’t mind. What do you think about the idea of giving him a certificate for his “service as our almost dictator from January 20, 2017 to January 5, 2021 and January 7, 2021 to January 21, 2021.”
(I hope I got those dates right. I only do math on my fingers and toes and I subtracted January 6 because I don’t think he deserves any recognition for anything he did that day. I don’t do time either so you might want to check my dates on that certificate.). If each registered Democrat gave $200 a year that’s not a bad IRA. But it has to be with an ironclad understanding that he will definitely ‘please just go away.’
Getting Jack Smith to buy off on it will be the trick. he turned his nose up at DOJ‘s plea deal and they don’t offer those very often. Jack is quite bent on convicting him. Let’s just help him go away. Then we wouldn’t have to worry about defeating him on November 3 but the concern then is what doofus the Republicans would put up in his place. And then, of course, the precedent: Clarence Thomas might want to put us in a bidding war with the folks that are paying him to stay on the Supreme Court.
There's a flaw in the way judges are selected for cases. An inexperienced judge should never have gotten this case. Same with McAfee in Georgia. These cases demand judges who know the law, from years of experience.
I’ve been thinking the same! She CAN’T figure this out. She’s in so far over her head and increasingly overwhelmed. She appears to be asking the lawyers for the answers. Throw her a life ring and drag her to shore!
The U.S. Intelligence Agency will begin (if they haven’t already) briefing Trump on intelligence issues because he is a major contender for the job of President. They are supposed to according to the law. He tells everything to whoever will listen after they brief him. We are once again putting our country in grave danger.
It's a cortesy, one Trump did NOT extend to candidate Biden 4 years ago.
As a retired attorney, though with far less trial experience than Joyce, I'd have to say that after reading the transcripts of Judge Cannon's rulings, I've never seen such blatant behavior by a trial judge, especially at a relatively early stage of a case. Though Trump's civil-case outcomes prior to the election hold promise for those who understand he is an absolute threat to democracy, it is at the ballot box,, as Joyce has frequently reminded us, where this nightmare must be ended once and for all. Then the criminal cases can move forward on a "normal" course while Trump continues to pile up his huge legal bills.
Cannon rules in our faces! Kinda like she’s challenging the normal procedure! Trump like behavior!
Trump's legal cases are where ethics go to die.
And law licenses?
Absolutely David! And time is of the essence to get her off the case, get a decent judge on and get a trial going with evidence presented before the election, even if the trial is going on during the election. I’m not an attorney, but if the trial proceeds, and evidence is shown at the trial, I’m wondering if we could have panels of prestigious, attorneys, judges, even former cabinet members pointing to the danger of a second Trump election because of the alleged sharing and even sale of documents? I guess it’s easy to be an armchair attorney, and no one can think Jack Smith, but I’m wondering if the Australian billionaire could testify first? He said he had seen classified documents at Merle Largo.
By all means Jack Smith should seek mandamus removal of Judge Cannon. Focus on the Monday order with the hypotheticals for the jury when both of the hypotheticals misstated the law. Focusing on jury instructions when there are pending motions and no trial date is absurd. Cannon is running the clock seeking to avoid an appealable issue so trial will be after the election, but the Monday erroneous hypotheticals are so strange that the 11th Circuit could see the Cannon writing on the wall and for the integrity of the federal judiciary, she should be removed now.
I think all along her objective has been to delay the trial for as long as possible.
She’s done that job! Now she can go!
Spot on, Harold!!
I wish we could hand carry or courier your words to Jack Smith. I thought we would see some filing from him by this morning.
As a retiree who worked in a classified environment for 30 years, ever vigilant about the security of classified materials, I feel gut-punched every time I read about Cannon. I literally want to puke. Nevertheless, thanks for keeping us informed. You are very appreciated.
Any of us who have gone through the vetting to get a high level security clearance are nauseated at this blatant disregard for following the Rules and Laws that keep Americans safe. And that ALL Americans - not just (D), (R), (I) voters… it’s All Of Us.
Joyce, thank you for laying this out so clearly and succinctly. It stuns me that this situation even exists, and that we seem so powerless to change it. I agree totally that Judge Cannon should either step down or be recused. She is a danger to our democracy by her failure to respect the norms of judicial behavior. What can we do to make a difference?
Vote!!
Nothing we can do about judges, unfortunately.
Nope MaryCat: indeed, we can change this picture. We can vote to re-elect Joe, have a majority Blue bicameral Congress - more than 2/3 Senate Democrat, and then impeach Cannon and others of her sort. That all comes after we win November 3.💙
"... have a majority Blue bicameral Congress - more than 2/3 Senate Democrat"
The maths unfortunately are not on your side.
There are 34 Senate seats up in 2024 - including a special election in Nebraska - of which 23 are held by Democrats or Independents. Republicans can retake control with a net gain of two seats or by winning the 2024 presidential election along with a net gain of one seat.
So even if the Democrats win every seat currently held by the Republicans, and hold every seat they (or Independents) are contesting themselves, they would still not have a two-thirds majority. They face an uphill battle retaining the Senate at all.
Amen. Start the motion to recuse. How much more evidence is needed?
Judge Cannon is an insult to the judicial system. If she stays. It will be one more feather in Trump’s stupid mega cap! Trump keeps getting breaks from the courts enabling his delay tactic. Let’s hope Cannon is out and never appointed to the Supreme Court.
After only three years of trial work, she was fast tracked to the Federal Court. Another Republican approved judge to be in position to enforce the Heritage Foundation’s Project 2025 described by Heather Cox Richardson? Let’s hope Jack Smith nips her in the bud!!!
I almost choked reading Cannon’s name even mentioned in the same sentence as the S.C.!
And does it Soon!
Jack Smith has been more than patient and measured in his response to Canon's ruling shenanigans. Hopefully he can tap his high intellect and legal skills to take Canon's thumb off the scales.
I am begging to wonder about Smith's competency. He is batting a big fat zero so far in his two cases.
Fair enough, James. Maybe his purported competence is more accurate right now. Still hoping he's up to this task.
And the news just keeps getting bleaker. Now, the issue with Fanni Willis is being appealed, and the judge is allowing it. Should add more weeks to the Georgia case. WTF? The Trump legal teams must be having a ball. Sore hands from all the high fives. Lots of hangovers from the previous night's celebrating. Everything they are doing is delivering the desired results - delay. Never mind guilt or innocence. That is not part of the equation at all. They have succeeded in making nearly every prosecution team look amateurish at best if not just incompetent. Oh, and let's not forget the press including their legal experts. I tire of them being surprised by it all. And, I think there are plenty of other things the Trump teams have up their sleeves. They might get "tired of winning". Time to better anticipate this stuff and quit with the whining about how outrageous it is.
We the voters will be going it alone. Our system of justice has shown its colors. It's ripe for the taking if you have the money.
In his morning's WaPo is an article outlining how flummoxed many lawyers/judges are by Cannon's rulings. Makes me believe in conspiracies: I wonder whether she is being secretly coached by TffG supporters/law types.
https://wapo.st/3TKImm8
Edited to add gift article url
Abso-effing-lutley!!!!👏🏼👏🏼👏🏼👏🏼 Get her off this case!!! Aileen Cannon is 💩💩💩!!
Make that five 💩💩💩💩💩
LOL
Can't the Eleventh Circuit do something?
The Eleventh Circuit is overseen by Clarence Thomas.
Is this true? Talk about stacking the deck! Doesn’t anyone have ethics anymore?
Not in the Republican Party.
You're exactly right. If I EVER hear a Republican or MAGA person say Drain the Swamp again I just might have to smack them. I am so upset about this. God Love Joyce. I am so grateful for her!!❤️🇺🇸💙
Cannon should have recused herself due to her political connection to Trump. Didn’t happen. So, she should be removed due to her handling blunders!
She was never going to recuse herself, ever.
Too loyal to the orange narcissistic psychopath!😡
I agree that a motion to recuse must be made, and now there is a solid basis to do it. As a criminal defense attorney, I always want to believe in the neutrality, integrity and independence of judges but this is one instance where bias is being clearly shown.
First, seeking jury instructions at this point in the proceedings is unprecedented. Proposed jury instructions are usually set to be filed right before trial, and then amended as trial proceeds and the evidence comes in.
Second, the two posited jury instructions are just wrong and have no relation to the elements of the offense or to the laws governing classification of documents.
Third, the void for vagueness argument is beyond non-meritorious -- it's frivolous. The statute is clearly written and has withstood the test of history and time. The defendant was given ample opportunity, before and after he left office, to understand the statute's terms and how it applied to him.
I had my own "conspiracy theory" about this case: I imagined a scenario where Judge Cannon made good law-based decisions, creating the impression that she was calling the balls and strikes fairly and, thus, providing no basis for calling foul. (Sorry -- baseball on my mind!) Then, with her credibility established, she would grant the motion for judgment of acquittal after the Government rested. As you have pointed out, that decision, like a jury's verdict of acquittal, cannot be appealed.
But that's not what is happening here. Judge Cannon is giving Jack Smith the opportunity to act. He can avoid a result that everyone would find suspect and would only further undermine our faith in our laws and our judges. Let's hope he takes it.