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.
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.
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.
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.
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?
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.
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.
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.
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!
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.
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.
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.
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?
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!!!
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.
Abso-effing-lutley!!!!👏🏼👏🏼👏🏼👏🏼 Get her off this case!!! Aileen Cannon is 💩💩💩!!
Can't the Eleventh Circuit do something?
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!
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.