Cannon’s actions to dismiss the case seem to be premeditated! Someone should check her communication (phone,texts, emails to see with whom she has had contact
This is what I’ve been asking. Can’t Mr. Smith petition the DOJ for a wiretap of all her comm links. The smell of corruption and conspiracy are VERY fragrant here.
As many have already expressed, I smell something rotten. I don't believe Cannon is acting without coaching and guidance from exceedingly corrupt actors.
Carmen, exactly. Plus this case is to me the most egregious if that’s possible to estimate given the melting orange jello’s ability to lie, trade secrets, rape, desire to murder plural, and add to that daily obscenities as he opens his demented mouth.
Great ideas, but my thinking is it's another entity or two.
Like say: Heritage Foundation or even Leonard Leo are my to two picks.
It's really sad to realize we've got corruption in Federal Judiciary. It makes it all the MORE important to give our great POTUS all the help he needs to winnow out the corruption and hopefully enlarge SCOTUS to match the Districts!!
No doubt, Roberta, Smith could figure this out. What raises my suspicion is the way Cannon's rulings seem to be not quite or outright wrong, but sit on the brink. The next weeks will be critical. So far, Cannon has successfully delayed and parried.
I agree with the idea to petition DOJ to do some investigating. ASAP.
Someone suggested a few days ago that perhaps Cannon's husband might have gotten himself into some kind of "issue" that Trump knows about. That might be just one of the many reasons why Trump has her around his fat little finger.
Would the spousal privilege concept apply in her case so if there is something going on, based on her specific job, could she still be immune?
This is of course speculation, since there's a lot of scuttlebutt going around these days.
But you would think that would be reason enough for recusal. No, this has the stench of organized crime all over it, with a judge in the boss’s pocket.
Wow! That never occurred to me before now. It does make sense.
As long as Donald ("Gotti") Trump continues getting by with nothing more but a slap on his wrist, the harder it will be to get the justice he truly deserves. Makes me wonder whether any of his other cases have been poisoned by that stench you mentioned.
So now I'm curious about yet one more thing. How was it that he crowned Cannon to be the judge? Was she the only contender for that position? Did hubby have anything to do with that, considering how convenient it would be later on?
I'm so glad you brought that up, because WE need to know exactly how far back their affiliation goes.
I've mentioned on Civil Discourse as well as other online blogs that once upon a time I was a nice person. Ever since seeing that NAUSEATING video of Trump coming down his escalator in his magical "tower," my contempt for him has ruined my personality.
Your personality shines through your post, Dianne, so there is no doubt you are a VERY nice person. It's just that this (sorry) asshole has brought out the worse of all of us. Especially his supporters! As far as Cannon, if you look it up, you'll see she was confirmed between the election, and President Biden's inauguration. Confirmed by a corrupted Senate, during a time their focus was on overturning the election, not on vetting who should or shouldn't be named a Federal judge. I have to admit I've not looked into anything regarding her personal life; I'll leave that up to Jack Smith and the DOJ. So if there is a mob tie with her husband, I know nothing about that, other than a total lack of surprise should it be confirmed. But my inner "spidee-sense" is telling me she will be under federal indictment about a year from now, along with a multitude of others.
It won't come as a shock if all of these things do hit the fan. Just wish that a federal indictment could happen this week! Meanwhile, the list of that "multitude of others" that you mentioned will probably be very long!
I firmly believe that although DJT appears to be a bumbling idiot, he’s actually very sharp when it comes to stacking the deck, i.e., judicial appointments! However, I am sure that somebody in his camp put him back through civics and government at 101 because he probably had no idea that he was entitled to do as much as he’s been doing with regard to these appointments. Then, he takes that knowledge and runs with it into nefarious territory.
A wire tap? I hope no GOP'er subscribes here. Can you just hear the screams about the SC wiretapping her phone 😱 There is definitely a smell here, but judges do not order a wiretap on a smell.
I know hardly anything about law issues, but I'm learning more and more by reading Joyce's column.
So, when she described the writ of Mandamus, my mind immediately went to Mike Johnson, I know he's not a judge, but isn't there or shouldn't there be some sort of writ for members of Congress who refuse to budge on important matters. Just like when Tommy Tuberville blocked military promotions and could have put the country in danger.
It's so unbelievable to me that something can't be done to make these people do what is right for the country, not just what is good right for Donald Trump, which is what' their actions are all about.
Amen Pam!! It upsets me terribly that Ukraine is suffering while these men do absolutely nothing. I honestly don't know how they sleep at night. I truly don't.
That frustrates me, too. When these power-hungry people were sworn in, their main priorities had nothing to do with protecting and preserving ANYTHING except their jobs.
First, Milady Joyce, brava. Thanks for provoking a smile out loud, your comment about trying not to shout and then reference to the Queen of Hearts.
Is it actually possible to investigate a judge's texting and e-mails, etc? My non-lawyer me would be highly skeptical.
Did she call out for help? Or did her "appointees" make the move first?
But, even if so, that would seem to indicate the acceptance by, say Leonard Leo and cohort, that this case is otherwise a slam dunk, and the best thing they can hope for is a) delay, and b) tfg's (stolen) re-election and self-pardon. The mind reels. Alice-in- Wonderland, for sure.
Surely, this woman is not so cleverly incompetent she can be devising this bizarre process on her own.
But, it all leaves me with the dread that Leo and company are counting so heavily on vote suppression, vote eligibility
disqualifications, lazy citizenry, continued misinformation of those in the public who even care to make the effort to be open to misinformation, plus whatever plotting might be underway about elector slates.
The 1%--via their Republican minions-- relies so heavily on projection, how preposterous does subsequent claim of Stolen Election seem once it actually takes effect? i.e. Bush/Gore or Ohio 2004?
I doubt that's legal. And don't think it's appropriate. There may be disclosures we can ask for under judicial code of ethics, which of course don't apply to Thomas, Alito, Roberts et al.
If the DOJ smells it too, then they need to get a Federal judge to authorize electronic surveillance. That makes it legal, and wholly appropriate. Not to mention overdue.
You're right TC 🎶 go ask Aileen when she's 10 feet Tall 🎶 . Too much time with the 🎶 hookah -smoking Caterpillar. 🎶 : Never fed her head ... never fed her head.
If you want some justification for this, and entertainment, and to stoke your fear about the people who walk among us, go to YouTube and watch videos of interviews with TFG supporters.
I know, right? Isn’t it alarming, screamingly alarming, how uneducated his followers are? You’re either so uneducated that you believe his crapola or you’re as criminally minded as he is…how did we go from the greatest generation to this? Dear god our poor veterans who fought in all the wars to protect democracy and this is where we are? Yikes, what an epic failure!
"If Judge Cannon continues as she has, the outcome seems to be all but a foregone conclusion"
Precisely the point I raised in previous comments...she wants to "exonerate" tRump come hell or high water - it's no secret, Jack Smith knows it, the tRump defense team know it, and most importantly, *Judge* Cannon has explicitly and implicitly advertised that very fact.
If SC Smith wants to save this case, in whatever shape or form an appeal WILL be made for recusal to the 11th CA, or else tRump walks, QED.
"Wants to exonerate" is actual bias...which is not required. The rules don't require that...merely the appearance of bias.
28 U.S. Code § 144 - Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
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.
Wow. 144 and 455 need to be invoked right now. The language is pretty clear. So who rules on the affidavit? The 11th circuit? I would love to have had this occur a long time ago. But I guess Smith had (or has) to wait until it is clear beyond doubt that bias exists. We are there now. How unfortunate this is - Cannon is well down the road to achieving the goal of delaying this trial until after the election. BTW - I also share the suspicion that she is in league with legal experts who are coaching her moves. Whether it be the Trump legal team, or others. This is all too devious. She's compromised.
You might want to reread that, Daniel. No, actual bias is not required, but is in itself cause for recusal upon filing of "a timely and sufficient affidavit that the judge ... has a personal bias or prejudice...". Note that "a party can file only one such affidavit in any case". So no wonder JS is taking care to have an airtight presentation.
In the absence of demonstrated bias, the mere /appearance/ of bias calls for the judge him/herself to disqualify his/herself. Note the difference in process. This is found in a different section of the Code than the previous citation. Looks like interesting reading. The whole thing is a bit much for me to read right now: I'm getting ready for the eclipse tomorrow.
Do you think bias can be reasonably charged here? Does this form a basis to request a recusal?
It doesn't seem it would matter whether the bias arises from, personal leanings, or threats, or bribery or whatever. It might be a relief to her to get out of this.
Yes. Cannon has demonstrated amazing stupidity throughout her earlier clashes with Smith. Now she comes up with arcane nuanced baloney in her orders? No way she learned or remembered any such BS from her legal education. I'm no Q, but I strongly suspect a conspiracy that is feeding Cannon her rulings, orders, etc.
I see Federalist Society written all over this. Judge Cannon is a member of this ultra conservative Catholic Legal Society. I assume they are using their full financial might and legal prowess to help Cannon help them get Treacherous-treasonous-traitorous-tantruming-Trump back into the White House.
I was thinking this same thing, and have for a while.
Is it possible there is a secret investigation into just that? You'd probably have to move heaven and earth to be able to subpoena a judge's communications. Who might be guiding her? Clarence Thomas?
There seems to be some pretty significant strategy taking place.
I was thinking this too. I guess it would require an investigation. I find it difficult to trust that there isn’t communication with Trump in some way. But now that I’m writing it, it sounds like a conspiracy theory. Or maybe just mistrust where mistrust is due.
Yes. I have also felt and said somewhere that investigating whom she has contact with is important, because I suspect that the Federalist Society is spending their funding to advise her on every move she makes. Can be other groups too, but she is a member of the Ultra Conservative Catholic legal society led by Leonard Leo. https://fedsoc.org/
I agree, in fact two days ago, I wrote the NY Times under their Contact Us/News and Editorial/Send Coverage Feedback or Story Ideas to suggest they look into whether Trump-affiliated or -leaning attorneys have been in touch with her. However, I would bet it gets legally tricky to look at a Federal judge's communications w/regards to a pending case ?? (If others are interested in contacting the Times, note that the Contact Us link is tiny and at the very bottom of the homepage. On the next page, News and Editorial is not immediately visible; it's below the Customer Care section.)
As much as I agree with the idea because I would love to see what sort of nefarious things might be found, that would require of course just cause and a search warrant and such.
But I will bet you there are others in higher places that have had that same thought cross their radar!
Joyce, thank you, thank you, thank you for this. Your clear and concise explanation is so helpful here. I spent most of my career in federal court (not as an attorney) and am familiar with most procedures but often not the “why” certain motions are filed at specific times. I thought it really strange too the order things have been going in this case. The “Alice in Wonderland” analogy is so apropos, and it makes me wonder if it’s her inexperience with jury trials, laziness, arrogance, or listening to some disbarred lawyer laying out weird strategies to keep her on the case. I am so grateful for your work on this.
So am I! Halfway through her really cool analogy, I started singing Jefferson Airplane's "White Rabbit" in my head.
Joyce has to be the greatest professor! Makes me jealous that I can't be in her class. But reading each day's Civil Discourse is the next best thing, don't you agree?
Dianne, I do. It’s like sitting in my judge’s chambers again and getting his or his law clerk’s patient and brilliant analysis of a complex case, something I sorely miss since I retired. Sort of like going to law school for free! It was a great chambers to be associated with for many, many years.
I've read in several different news media, her clerks are bailing on her. I've no actual real experience with ANY courtroom, but these are legal eagles talking about this issue.
Apparently ONE clerk left in MIDDLE of her clerkship - which is an AMAZING thing to happen.
“When the truth is found to be lies…” Jefferson Airplanes, “Somebody to Love” fits, too.
I had the privilege to see Jefferson Starship at the Sedalia Music Festival, July 19-21, 1974. I was 15 and traveled 700 miles(hitchhiking the trip back) to spend three days in 100 degree heat. I still have the sunburn….
Driving to and from a doctor's appointment, and listening to the radio, two different stations played Pink Floyd's "Dark Side of the Moon."
I wasn't able to see the eclipse. The special glasses were sold out about a week ago. It was so TEMPTING to look up, but I didn't dare. I felt like I was in an episode of "Twilight Zone," where the clock says 3:30 but only a few minutes later, it looks like7:00 and you know you didn't suddenly fall asleep for almost four hours! The strangest part was that all the birds and their babies stopped chirping for until it got lighter again.
The eclipse was such a wonderful thing for all of us, whether or not we were in its path, because during that brief "event," there was NO talk of Trump, Cannon, or any of the horrible stuff going on. That was so REFRESHING and it didn't cost a penny!!!
I got mine that way last fall. I followed NASA's recommendations for eclipse glasses and found something called Solar Snap!!
I got 2 pairs of eclipse glasses PLUS 2 filters for my phone's camera!!
Even though it was mostly cloudy on Monday (of course 🤬🤬), I still was able to get some great shots of the eclipse.
Not in the totality, but we were like 94.7% totality!!
Yes, my birds and some critters were quiet during parts of it, but coolest thing was seeing my 'family' of deer, coming up to my fence line to nibble, just like they do every evening!!
My 🦌🦌 family includes 2 yearlings, momma doe AND my pride & joy.... 14 point buck daddy!!
I didn't report you, and I'm hoping it doesn't say that I did. I was clicking the three dots to edit the thing I had just posted and clicked on YOUR three dots instead of mine. Please forgive me if something happens.
It wouldn't make sense to report someone whose comments are those that I agree with 150%. Especially about her "protection." As many guests on MSNBC have pointed out many times recently, the only judge you DON'T hear Trump rant about is Cannon.
I have the same sense that her behavior is deliberate and strategic and very likely unethical. It is truly beyond belief what Trump is trying to get away with in order not to face the consequences.
He will be in jail. And Biden will win on November 5. We won't win all the court cases. Cannon may slow walk this off the cliff - but he is going to jail and so are some of his cronies. People have to understand that not every case, no matter how strong, results in a 'win' for justice. But ultimately, Trump will be convicted, in jail and we will be working to repair our democracy. I am so truly grateful for this substack where like-minded people can connect. I realize of course, that when I write something as above (we won't 'win' every case, people do not want to hear it. But what 'is, is.' A single loss is not the end. And note: Jack Smith's indictment was not for 'selling documents' which I think would be espionage(?) Those charges could still come. E. J. Carroll's case annihilated Trump. His life as he knew it ended with that jury verdict. And he knows it as well.
We need to know who the conduit is for all of this coaching from outside the judge's courtroom. She is obviously following someone else's lead because quite frankly, Judge Cannon doesn't seem bright enough to concoct this mess all by herself. I'm guessing there may be a enterprising law clerk working with her in the shadows, who is being guided by outside forces (maybe even a member of Scotus itself), like the extreme right wing clerk who lives with Clarence and Ginny Thomas. Before 2016, I would have thought statements like mine were absolute paranoia, but now? I grew up during Watergate, and that was a picnic compared to the constitutional crisis we are in now.
I was working for the Federal Government during Watergate. The office I worked in discouraged us from talking about Watergate or Nixon. Compared to Trump, Nixon was "almost" as innocent as a choir boy. Decades later, I can still picture Nixon and his family standing at the bottom steps of the helicopter, saying goodbye from the White House for the very last time.
Regarding the differences between Nixon and Trump the attorneys working with/for Nixon were punished a lot quicker than Trump & Co.
What an amazing experience. And yes, I remember the crooked lawyers-- our Dad was an honest judge (and a democrat) who was scandalized by everything Nixon and co. did. Grandma took it a step further-- she invented "The Nixon Man" to scare our baby brother when he misbehaved (which was frequently). All we older sibs had to do was yell "Nixon" and our brother would start to cry! You can't make this stuff up :)
You must have been so proud of your father. I'm sorry for what he went through. Your grandmother was certainly creative; between her and your older siblings, I hope your little brother turned out okay after all! You're right! Nobody could make that stuff up! You were blessed to have had such an interesting childhood, with a REAL (honest) father and house full of brothers and sisters.
We were ALL lucky then to have had some honorable Republicans who were willing to do the right thing, and to tell Nixon he had shamed the Party and the Nation, and it was time for him to go! Contrast that to the Senate Republicans' votes on Trump's second impeachment.
here's another take on that era from my brother Sam, who remembers "honorable Republicans" as well (like our neighbors George and Virginia Humphrey, not related to Hubert. George was a longtime Minnesota legislator who championed Native American causes throughout his career):
"Grandma Person used the Nixon Man on all three of us younger boys to keep us in bed. She said he hid under the bed and would grab us if we were naughty, getting out of bed for no good reason.
One of the commenters mentioned "honorable Republicans" of that bygone era, and she's right. I remember Dad hosting a gathering of his Democratic friends, all the usual suspects, and inviting Republican Senator Rudy Boshwitz to speak to the group about his take on current events. Talk about entering the wolf's lair, but Rudy accepted and I attended. The Senator impressed the group with his even-handed and thoughtful views while maintaining his middle-of-the-road conservative viewpoints.
Some years later, while driving a Russian contingent (during Gorbachev's Minnesota visit) in our big Borton Limo bus--Rudy was hosting and standing in the aisle near the rear seats--I had to stop very suddenly. Rudy came all the way forward, arms flailing, stork-like legs dancing out of control and crumpled to the floor near my driver's seat. I was horrified, thinking I had just killed a U. S. senator. But he got up, straightened his glasses, dusted himself off and said, "Well, you don't see THAT every day!" A couple of the Russians laughed, so they all laughed.
Of course, former Minnesota Senator David Durenberger, a Republican during the 1990's, left the party and endorsed Hilary Clinton and Joe Biden. A most "honorable" Republican indeed!"
You have definitely had an interesting life! At least you weren't bored. Were you nervous, driving that bus with such a mixture of people? I mean, it wasn't like you were driving a big limo for a "just-married" couple.
Except for having to pour a broken mayonnaise jar that had been holding an awful lot of guppies into a HOLY WATER FONT in the vestibule of a church, and then worry that someone would die of a heart attack if they saw them when they dipped their fingers into the water before making the Sign of the Cross, nothing in my 76 years compares to yours!
I'm glad that Senator Durenberger endorsed Hilary and Biden. And I would have enjoyed seeing the faces of those who saw Senator Boshwitz dusting himself when he got up off the floor.
Thanks for making my day! I've been working on my taxes off and on all day, but the dogs next door won't hush up. I wonder if the IRS would accept that as an excuse?
the limo driver was actually my younger brother, Sam. I was the only kid to follow Dad into the law and at the time of the limo story, I was probably attending law school in San Francisco or had just graduated. But yes, I've had the privilege of leading an interesting life so far, and I hope to be around to get into all sorts of "necessary trouble" for many more years. I've never poured guppies into a holy water font, though! That's a great image....
Good luck with your taxes, and thanks for reading my comments.
It certainly seems that way. The area where I grew up in was too close to the ocean, so having a basement was not possible. Since that was the case, during the Cold War, you suddenly saw these "Quonset-shaped" structures being built in people's back yards. {I always thought that had I been a grown-up, with my luck I would have been at work when the big bang occurred.)
Now, we hear that N. Korea is giving Russia some rather lethal gifts (tools) to add to their collection.
Sadly --- and unfortunately --- it does not help us at all to have an ex-president who worships the ground that Putin walks on.
Put forward by marco rubio, et al, she is Phi Beta Kappa Duke BA, and magna cum laude U of Mich. JD. Had two? young kids roughly between 2012 & 2016. Has been member of Federalist Society for 19 years. Self describes as a “textualist and constitutionalist”. Has received several recognitions. Used her discretion to add 6.5 years to a 17.5 year sentence of a 34 yo felon who threw chair at prosecutor in court at sentencing, and yelled I’ll find you and kill you. To run consecutively. To clarify, it was the felon yelling.
Can be a mistake to devalue or underestimate one’s opponent. May also be a mistake to impute a motivation solely on the basis of an event, or a relationship (appointment by tfg!).
I DON’T think this person is stupid, and I we & Smith do best to do our very best right now.
I also don’t know that she’s corrupt, per se, but I DO know that where one sits is often where one stands, and she’s from/has money. And Columbian money is concerning to me.
But so far, I have no facts; and I wouldn’t want, say, tfg to pillory ME on the basis of MY having lived 15+ years in socialist countries working for the governments, for example.
She doesn't seem like the sharpest pencil in the drawer. Is she being given advice on how to mess up the case by someone (or someones) who is (are) smarter?
So have I. What bothers me most is that if WE mere mortals (meaning those of us who still care about democracy) are suspicious about this, can we trust the upper echelons in the law enforcement food chain to be wondering about this, too? Or is Trump still dangling puppet strings that keep the heads of some of them facing straight ahead with eyes closed?
That quite offended response from her seems way out of line, and unwise. Perhaps she wants to be removed and is trying to do it in a "it's not my fault, I did everything I was told" way.
I’m with you Joyce. Recusal is the only option. I think Canon is begging for it. Keeps her in the magats good graces and keeps her Cush job. Which is another topic entirely that our justices could be this stupid, corrupt and on the side of a treasonous con.
Ps
I took up knitting In October when I lost my brother to cancer. I’am working on a ‘Support Chicken!’ I bought the Michelle Obama Chicken kit, ( that sounds hysterical🤣) and plan to hold her close for the next 200 or whatever days. Wish I had real 🐣 like you but it’s a great sub!
I actually think that she may be trying to be forced to recuse herself for exactly why you said. She gives Trump another grievance, riles up his supporters, keeps her job and doesn’t have to rule against Trump. She loses face but, hey, a lifetime appointment…
All she has to do is come up with a plausible story of not wanting to give the "appearance of bias", which shouldn't be hard (ahem) and submit it. Presto, recusal. So there is something else going on.
Angela, I'm so sorry about your loss. Of course, I never knew him, but somehow, I think he'll be happy and proud that you're making this chicken!
I still have the teddy bear that my uncle gave me for my fourth birthday. I'm in my mid 70's now. Poor Teddy's been through a LOT over the years but has always been there for me.
Enjoy your project! If it's a girl, I bet Joyce would be honored to have her for namesake.
That is so sweet! I used to have Teddy on my nightstand, but the kitty I have now kept trying to play with him, so he now resides in the top drawer instead.
I'm a fellow knitter and apologize for this brief departure from talking about the trial and Judge Canon. The chickens are very cool though and seem to be very popular right now in the knitting world.
Thank you! I am so going to check out the chicken! Joyce has made a believer of me. And living with two dogs mine would have to be a fiber one of some sort.
A minimally experienced judge is handed one of the most significant, complex cases of utmost national security. Her initial rulings are so sophomoric that she is schooled by her peers on the circuit court. She then slows judicial remedy down to a snail’s pace before concocting a bizarre request of ‘make believe’ regarding jury instruction. I am not an attorney; but I can reach no other conclusion than Judge Cannon is being “advised” by an entity determined to derail this case.
Can someone more adept than I at search engines, seek any prior filings by such groups as the Heritage Foundation (or other other legal groups working on behalf of extreme conservative interests) to determine if some of Judge Cannon’s uniquely bizarre ‘concepts’ and wordings are found elsewhere? This feels far more nefarious than simple inexperience or incompetence.
It almost seems as if somehow tRump is talking with her (or his lawyers are) to influence her decisions. Is there some quid pro quo happening here that we don’t know about?
I’m having real trouble accepting that even she would risk literally everything to have ex parte communications in this case. After all, she’s not a supreme court justice with no oversight.
Never know what she has been offered! I'm just turning 80, never been a suspicious person, now I'm looking for the bogeyman under every bed and in every closet! The past seven years have had a marked influence I how I see the world. I believe there is way more to see here besides an inexperienced judge.
Not a lawyer, but this is what I've read: there are currently 677 (incl. 10 temp) US District Judges. 15 have EVER been impeached, 8 convicted, 3 resigned before conviction. Southern District of Florida (currently 18 District Judges) has had more judges removed by impeachment than any other, with 2 - since the district was established in 1847.
So, prior probability of impeachment in lifetime: UNLIKELY, even in the district with the highest historical number (again, 2). A judge is generally allowed her judgements.
But if she leans TOO hard toward tfg, she may misstep on law or fact; and this determination requires a judgement from a higher court (11th circuit; SC). From her (reported) accumulating backlog, and her inexperience, and the gathering sharks, and the mounting complexity and attention, would only imagine she is stressed; she MAY not be at her best; but IS definitely smart enough to be seeking expert counsel somewhere; I expect the Federalist Society (a large tent?), of which she has been a member 19 years, has helped.
New Fact (to me): she IS smart and capable - was 'magna cum laude' for her U. of Mich. J.D. in 2007. During confirmation, reported 4 achievement recognitions, all in Florida District, all since 2016. Appears confident, with a rational basis for trusting herself. Smith may not have done the prosecution a favor with his challenge to this judge; she will try to make this so. To paraphrase, "if you strike royalty, you must kill them". He may have found few good choices; perhaps this speaks to her skills.
From everything I've read (again, not an attorney) she IS threading the needle: IF she instructs the jury to consider primarily PRA (Presidential Records Act) questions of fact in their deliberations (as Trumps defense would like) and ignores/underplays the espionage & obstruction related charges, and if she does this TOO LATE for Smith to appeal to the 11th (needs to be prior to the jury selection or jury instruction?, not certain exact point that double jeopardy 'attaches', someone here will know), THEN and thereafter, if the conduct of the case is challenged, Trump goes free, since one cannot bring the SAME charges twice.
A case being thrown out is NOT the same as a judge being impeached. Many have suggested this may be her preferred result at this point, and seems this is Smith's concern too. Tfg was pleased when she denied his motion to dismiss, a bit ominous too.
Seems an option for Smith is to bring new, clearer, criminal ('superseding') charges that either change venue / judge, or which are not susceptible to same needle-threading that it appears to me that Cannon is doing (with help, I assume; also assume Judges are allowed to have help), but I don't know the parameters of this. Seems there are many tfg crimes yet uncharged, as more testimony is collected.
But the main issue may remain, that UNLESS BIDEN WINS, TFG WILL NEVER BE HELD TO ACCOUNT for any of his many crimes and breaches of national security, other than his rape of E Jean Carroll, his real estate frauds, and possibly the Stormy Daniels & Michael Cohen election interference - if it starts April 15. Justice delayed IS justice denied. This saga is a travesty of justice. But Cannon? take her very seriously.
@Norma Lee. The 11th Circuit ruled that she improperly took jurisdiction in the first case. Trump was "judge shopping," filed the case in the wrong courthouse.
Doesn’t a relatively new judge in her position and lack of experience, have a supervising judge? Or, as it seems, is she given the position and allowed to wreak havoc?
One would think she would get some training or advice, at least fro the Chief Judge of her district. There was an article somewhere from her former clerks who say she has changed dramatically. Does that perhaps indicate some kind of coercion? It is hard to believe anyone put on a federal bench can be this incompetent. But then there IS the Supreme Court...
He is the SCOTUS circuit justice for the 11th, and would make any initial determination on the disposition of the issue(s) questioned, should an 11th Circuit appeal not go the defense's way and it asks for a SCOTUS review. However, Trump hasn't had much luck so far getting the Court to pay attention to his assertions --- even with Thomas calling the first shots in at least two such prior requests --- both dealing with Cannon's rulings during the investigative stage of the classified documents case.
No way!!! That certainly puts yet one more kink in this whole case. It's probably been brought up many times, but just the mention of his name turns me off.
Joyce, you have described a tightrope walk that Smith is up against with Cannon. Of course, all of us really want the special counsel to appeal to the 11th Circuit to recuse her from this case. It is so very obvious to me that she is auditioning for Trump and it’s sickening, plus the fact that she is unqualified to rule on this case. It must be very unnerving to have to deal with her. It sure as hell is for me!
Not proud Dianne. I’m 5’7” and am 95#. I’d love to be 125, but I’ve had a fever of Unknown Origin for 21 years now. I notice it at 101. Sometimes it lasts 6 weeks with no break, sometimes it daily off and on. It’s awfully hard to eat when you’re that hot. In summer I live on Ice Cream but I can’t eat ice cream in the cold winter months. Alas, many have far worse to deal with, I remind myself a lot as needed.
And the FUO (Fever Unknown Origin) is known why. A patch inside my thigh to keep the muscle in place. After a boating propeller accident, it cut my leg half way around, to the bone, in layers, kinda like a spiral cut ham. I’d lose too much muscle that’s left to remove the patch after 30 years. So, best Infectious Disease Docs at Northwest, Rush & UofIL Hospital all said, live with the fevers. But at least I’M HOT!!! Gotta Laugh to not cry at times.
I was thinking again about the comments you made back in April about your FUO condition. The fact that you even survived that propeller accident is nothing short of a miracle. I'm proud of the attitude that you've maintained over the years. Even though you suffer day after day, you still think of others who have their own sufferings. There are people I've known over the years who were never empathetic.
I don’t see the argument that the government is entitled to a speedy trial too being persuasive unfortunately. That entitlement seems to always fall by the wayside in favor of what the (crybaby) defendant wants.
I think Joyce among others have stated that the public is entitled to a speedy trial. I am not concerned what the crybaby wants, he has had his way far too long.
I hope that Jack Smith gets his opportunity to appeal soon on a ruling. I would hope that this judge could be impeached. Maybe with a democratic Senate, House and presidency she can be. I don’t know if there is enough evidence but if the 11th Circuit asks her to step aside. Maybe that will help. She is obviously not qualified but also is not impartial
Thus is why voting is important. Incompetent and partisan judges can be removed.
This is the best assessment of the situation in the Florida case that I've read or heard so far. Thank you for laying out the options the government can take and why some are more desirable than others at this point in the case. I've learned so much about the law from you, Joyce. Thanks for your persistence and plain language for us non-lawyers. Your daily explanations will be invaluable to future generations of lawyers and historians.
It’s obvious that she is on his pocket by the simple fact that he has not been attacking her. In fact, I read somewhere that he praised her for this ruling. Very curious indeed.
Cannon has been skillful in delays & rulings that have prevented Jack Smith from going to the 11th circuit so far. It seems the writings on the wall- if he doesn’t go now, she will continue to frustrate & weaken his case and find a way to get it dismissed.
Cannon’s actions to dismiss the case seem to be premeditated! Someone should check her communication (phone,texts, emails to see with whom she has had contact
This is what I’ve been asking. Can’t Mr. Smith petition the DOJ for a wiretap of all her comm links. The smell of corruption and conspiracy are VERY fragrant here.
As many have already expressed, I smell something rotten. I don't believe Cannon is acting without coaching and guidance from exceedingly corrupt actors.
I came here to say exactly this. She isn’t smart enough or experienced enough to be this slick. She’s getting coached by somebody or somebodies.
I was just about to write the same thing! It sounds like Judge Cannon is getting coached by lawyers in Trump's orbit.
I think an inexperienced judge is right to seek counsel from others.
She is working against someone much more clever though. Let's hope the 11th circuit isn't compromised.
When you think that the entire Russian oligarchy, as well as Netanyahu, are heroically invested in reinstalling drumpf, it's more than a little scary.
Counsel from anyone? Surely you jest. Which is true clever or more experienced and knowledgeable. Are you being paid by Russia or China?
Your comment makes very little sense, Mr Goldfluss. Would you like to clarify?
Carmen, exactly. Plus this case is to me the most egregious if that’s possible to estimate given the melting orange jello’s ability to lie, trade secrets, rape, desire to murder plural, and add to that daily obscenities as he opens his demented mouth.
Ex parte conferences….. I’m shocked
…such as a SCOTUS justice or 2.
Great ideas, but my thinking is it's another entity or two.
Like say: Heritage Foundation or even Leonard Leo are my to two picks.
It's really sad to realize we've got corruption in Federal Judiciary. It makes it all the MORE important to give our great POTUS all the help he needs to winnow out the corruption and hopefully enlarge SCOTUS to match the Districts!!
Gotta wonder!
Couldn’t Jack Smith figure out that if this case were to be tried in Florida that there was a possibility that Cannon could get the case?
No doubt, Roberta, Smith could figure this out. What raises my suspicion is the way Cannon's rulings seem to be not quite or outright wrong, but sit on the brink. The next weeks will be critical. So far, Cannon has successfully delayed and parried.
I agree with the idea to petition DOJ to do some investigating. ASAP.
Someone suggested a few days ago that perhaps Cannon's husband might have gotten himself into some kind of "issue" that Trump knows about. That might be just one of the many reasons why Trump has her around his fat little finger.
Would the spousal privilege concept apply in her case so if there is something going on, based on her specific job, could she still be immune?
This is of course speculation, since there's a lot of scuttlebutt going around these days.
But you would think that would be reason enough for recusal. No, this has the stench of organized crime all over it, with a judge in the boss’s pocket.
Daniel,
Wow! That never occurred to me before now. It does make sense.
As long as Donald ("Gotti") Trump continues getting by with nothing more but a slap on his wrist, the harder it will be to get the justice he truly deserves. Makes me wonder whether any of his other cases have been poisoned by that stench you mentioned.
So now I'm curious about yet one more thing. How was it that he crowned Cannon to be the judge? Was she the only contender for that position? Did hubby have anything to do with that, considering how convenient it would be later on?
I'm so glad you brought that up, because WE need to know exactly how far back their affiliation goes.
I've mentioned on Civil Discourse as well as other online blogs that once upon a time I was a nice person. Ever since seeing that NAUSEATING video of Trump coming down his escalator in his magical "tower," my contempt for him has ruined my personality.
.
Your personality shines through your post, Dianne, so there is no doubt you are a VERY nice person. It's just that this (sorry) asshole has brought out the worse of all of us. Especially his supporters! As far as Cannon, if you look it up, you'll see she was confirmed between the election, and President Biden's inauguration. Confirmed by a corrupted Senate, during a time their focus was on overturning the election, not on vetting who should or shouldn't be named a Federal judge. I have to admit I've not looked into anything regarding her personal life; I'll leave that up to Jack Smith and the DOJ. So if there is a mob tie with her husband, I know nothing about that, other than a total lack of surprise should it be confirmed. But my inner "spidee-sense" is telling me she will be under federal indictment about a year from now, along with a multitude of others.
Thanks for the kind words.
It won't come as a shock if all of these things do hit the fan. Just wish that a federal indictment could happen this week! Meanwhile, the list of that "multitude of others" that you mentioned will probably be very long!
I firmly believe that although DJT appears to be a bumbling idiot, he’s actually very sharp when it comes to stacking the deck, i.e., judicial appointments! However, I am sure that somebody in his camp put him back through civics and government at 101 because he probably had no idea that he was entitled to do as much as he’s been doing with regard to these appointments. Then, he takes that knowledge and runs with it into nefarious territory.
A wire tap? I hope no GOP'er subscribes here. Can you just hear the screams about the SC wiretapping her phone 😱 There is definitely a smell here, but judges do not order a wiretap on a smell.
No, but you just know Jack Smith smells it too, and is following it. I will not be surprised if Cannon is under indictment a year from now.
Too late. Election is in 7 months.
be sure that they are, Jackie
The smell from Trump is him talking out of his butt.
Yes, the fragrance is nauseating!
I agree. I'd like to mandamus her to the Moon!! Grrrr.
Lisa, love your moon mention!
I know hardly anything about law issues, but I'm learning more and more by reading Joyce's column.
So, when she described the writ of Mandamus, my mind immediately went to Mike Johnson, I know he's not a judge, but isn't there or shouldn't there be some sort of writ for members of Congress who refuse to budge on important matters. Just like when Tommy Tuberville blocked military promotions and could have put the country in danger.
It's so unbelievable to me that something can't be done to make these people do what is right for the country, not just what is good right for Donald Trump, which is what' their actions are all about.
Amen Pam!! It upsets me terribly that Ukraine is suffering while these men do absolutely nothing. I honestly don't know how they sleep at night. I truly don't.
Me either! They ought to be ashamed.
That frustrates me, too. When these power-hungry people were sworn in, their main priorities had nothing to do with protecting and preserving ANYTHING except their jobs.
Yes! Power-hungry, money- hungry, and hungry for Donald Trump's approval.
My feelings exactly.Urp!
First, Milady Joyce, brava. Thanks for provoking a smile out loud, your comment about trying not to shout and then reference to the Queen of Hearts.
Is it actually possible to investigate a judge's texting and e-mails, etc? My non-lawyer me would be highly skeptical.
Did she call out for help? Or did her "appointees" make the move first?
But, even if so, that would seem to indicate the acceptance by, say Leonard Leo and cohort, that this case is otherwise a slam dunk, and the best thing they can hope for is a) delay, and b) tfg's (stolen) re-election and self-pardon. The mind reels. Alice-in- Wonderland, for sure.
Surely, this woman is not so cleverly incompetent she can be devising this bizarre process on her own.
But, it all leaves me with the dread that Leo and company are counting so heavily on vote suppression, vote eligibility
disqualifications, lazy citizenry, continued misinformation of those in the public who even care to make the effort to be open to misinformation, plus whatever plotting might be underway about elector slates.
The 1%--via their Republican minions-- relies so heavily on projection, how preposterous does subsequent claim of Stolen Election seem once it actually takes effect? i.e. Bush/Gore or Ohio 2004?
I doubt that's legal. And don't think it's appropriate. There may be disclosures we can ask for under judicial code of ethics, which of course don't apply to Thomas, Alito, Roberts et al.
If the DOJ smells it too, then they need to get a Federal judge to authorize electronic surveillance. That makes it legal, and wholly appropriate. Not to mention overdue.
Imagine what the deep state fear mongers will make of that.
Hopefully, it will keep them awake night afte night!
They do not have the authority to do this without a court order. FFS.
Wouldn't be surprised if a trail led back to a conservative think tank.
"Conservative think tank," there's an oxymoron. Conservatives don't have the equipment to do that. Think.
You're right TC 🎶 go ask Aileen when she's 10 feet Tall 🎶 . Too much time with the 🎶 hookah -smoking Caterpillar. 🎶 : Never fed her head ... never fed her head.
If you want some justification for this, and entertainment, and to stoke your fear about the people who walk among us, go to YouTube and watch videos of interviews with TFG supporters.
I know, right? Isn’t it alarming, screamingly alarming, how uneducated his followers are? You’re either so uneducated that you believe his crapola or you’re as criminally minded as he is…how did we go from the greatest generation to this? Dear god our poor veterans who fought in all the wars to protect democracy and this is where we are? Yikes, what an epic failure!
My dad fought in WWII and I know he would have been so angry at this ridiculous mess.
😆😆😆
Exactly
She's getting support from some organization and she acts as if she's well armored against the DOJ.
At this point, not much surprises me!
AMEN!!!!
She plays one piece checkers, not multi-dimensional chess!
I think you meant to say "a conservative stink tank".
"If Judge Cannon continues as she has, the outcome seems to be all but a foregone conclusion"
Precisely the point I raised in previous comments...she wants to "exonerate" tRump come hell or high water - it's no secret, Jack Smith knows it, the tRump defense team know it, and most importantly, *Judge* Cannon has explicitly and implicitly advertised that very fact.
If SC Smith wants to save this case, in whatever shape or form an appeal WILL be made for recusal to the 11th CA, or else tRump walks, QED.
"Wants to exonerate" is actual bias...which is not required. The rules don't require that...merely the appearance of bias.
28 U.S. Code § 144 - Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
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.
Wow. 144 and 455 need to be invoked right now. The language is pretty clear. So who rules on the affidavit? The 11th circuit? I would love to have had this occur a long time ago. But I guess Smith had (or has) to wait until it is clear beyond doubt that bias exists. We are there now. How unfortunate this is - Cannon is well down the road to achieving the goal of delaying this trial until after the election. BTW - I also share the suspicion that she is in league with legal experts who are coaching her moves. Whether it be the Trump legal team, or others. This is all too devious. She's compromised.
She's on her way to impaneling a jury and dismissing the case.
Note, the meaning of the word “shall” in that last sentence is much stronger than “should.” It is in fact almost the same as “must.”
You might want to reread that, Daniel. No, actual bias is not required, but is in itself cause for recusal upon filing of "a timely and sufficient affidavit that the judge ... has a personal bias or prejudice...". Note that "a party can file only one such affidavit in any case". So no wonder JS is taking care to have an airtight presentation.
In the absence of demonstrated bias, the mere /appearance/ of bias calls for the judge him/herself to disqualify his/herself. Note the difference in process. This is found in a different section of the Code than the previous citation. Looks like interesting reading. The whole thing is a bit much for me to read right now: I'm getting ready for the eclipse tomorrow.
https://www.law.cornell.edu/uscode/text/28/part-I
As I said elsewhere, a judge can "purge" or rationalize perceived bias. Check out the numerous Judicial Conference rulings.
The wisdom of ….
Do you think bias can be reasonably charged here? Does this form a basis to request a recusal?
It doesn't seem it would matter whether the bias arises from, personal leanings, or threats, or bribery or whatever. It might be a relief to her to get out of this.
Like I said, the first case establishes the APPEARANCE of bias.
Yes. Cannon has demonstrated amazing stupidity throughout her earlier clashes with Smith. Now she comes up with arcane nuanced baloney in her orders? No way she learned or remembered any such BS from her legal education. I'm no Q, but I strongly suspect a conspiracy that is feeding Cannon her rulings, orders, etc.
I see Federalist Society written all over this. Judge Cannon is a member of this ultra conservative Catholic Legal Society. I assume they are using their full financial might and legal prowess to help Cannon help them get Treacherous-treasonous-traitorous-tantruming-Trump back into the White House.
I was thinking this same thing, and have for a while.
Is it possible there is a secret investigation into just that? You'd probably have to move heaven and earth to be able to subpoena a judge's communications. Who might be guiding her? Clarence Thomas?
There seems to be some pretty significant strategy taking place.
Umm . . . nope. Certainly not. Let's keep strategizing within more realistic possibilities.
I was thinking this too. I guess it would require an investigation. I find it difficult to trust that there isn’t communication with Trump in some way. But now that I’m writing it, it sounds like a conspiracy theory. Or maybe just mistrust where mistrust is due.
Yes. I have also felt and said somewhere that investigating whom she has contact with is important, because I suspect that the Federalist Society is spending their funding to advise her on every move she makes. Can be other groups too, but she is a member of the Ultra Conservative Catholic legal society led by Leonard Leo. https://fedsoc.org/
I agree, in fact two days ago, I wrote the NY Times under their Contact Us/News and Editorial/Send Coverage Feedback or Story Ideas to suggest they look into whether Trump-affiliated or -leaning attorneys have been in touch with her. However, I would bet it gets legally tricky to look at a Federal judge's communications w/regards to a pending case ?? (If others are interested in contacting the Times, note that the Contact Us link is tiny and at the very bottom of the homepage. On the next page, News and Editorial is not immediately visible; it's below the Customer Care section.)
Yes! She’s not bright enough to have done this on her own.
Yes! Clearly she is being influenced in favor of orange.
As much as I agree with the idea because I would love to see what sort of nefarious things might be found, that would require of course just cause and a search warrant and such.
But I will bet you there are others in higher places that have had that same thought cross their radar!
Who would have the authority to do this? The Easter Bunny?
Facts would be interesting, allegations not!
I fell for repeating what someone else posted without doing my due diligence. I am deleting my post. Lesson learned.
Carole, She has shown bias and off kilter reasoning.
Have to prove it.
I fell for repeating what someone else posted without doing my due diligence. I am deleting my post. Lesson learned.
Is there proof that he is connected?
I fell for repeating what someone else posted without doing my due diligence. I am deleting my post. Lesson learned.
I have not seen this allegation but considering drumpf put her there it would fit. Can you offer evidence?
I fell for repeating what someone else posted without doing my due diligence. I am deleting my post. Lesson learned.
Joyce, thank you, thank you, thank you for this. Your clear and concise explanation is so helpful here. I spent most of my career in federal court (not as an attorney) and am familiar with most procedures but often not the “why” certain motions are filed at specific times. I thought it really strange too the order things have been going in this case. The “Alice in Wonderland” analogy is so apropos, and it makes me wonder if it’s her inexperience with jury trials, laziness, arrogance, or listening to some disbarred lawyer laying out weird strategies to keep her on the case. I am so grateful for your work on this.
So am I! Halfway through her really cool analogy, I started singing Jefferson Airplane's "White Rabbit" in my head.
Joyce has to be the greatest professor! Makes me jealous that I can't be in her class. But reading each day's Civil Discourse is the next best thing, don't you agree?
p.s. I'm STILL thinking of it!
Dianne, I do. It’s like sitting in my judge’s chambers again and getting his or his law clerk’s patient and brilliant analysis of a complex case, something I sorely miss since I retired. Sort of like going to law school for free! It was a great chambers to be associated with for many, many years.
After working there for 24 years, I'd imagine that you DO miss it! It must have been so interesting!
When you were in the Navy, did you work in the JAG office? Don't know if I mentioned it but thank you for your service.
I've read in several different news media, her clerks are bailing on her. I've no actual real experience with ANY courtroom, but these are legal eagles talking about this issue.
Apparently ONE clerk left in MIDDLE of her clerkship - which is an AMAZING thing to happen.
That truly is extraordinary. I saw a law clerk fired once due to behavior issues but never saw clerks voluntarily leaving before their term was up.
“When the truth is found to be lies…” Jefferson Airplanes, “Somebody to Love” fits, too.
I had the privilege to see Jefferson Starship at the Sedalia Music Festival, July 19-21, 1974. I was 15 and traveled 700 miles(hitchhiking the trip back) to spend three days in 100 degree heat. I still have the sunburn….
I'm super glad to read someone ELSE was hearing "White Rabbit" playing non-stop (in awesome stereo 😁) in his/her brain!! 😂
p.s. I even had it playing whilst mowing yards yesterday! Even during eclipse!!
Driving to and from a doctor's appointment, and listening to the radio, two different stations played Pink Floyd's "Dark Side of the Moon."
I wasn't able to see the eclipse. The special glasses were sold out about a week ago. It was so TEMPTING to look up, but I didn't dare. I felt like I was in an episode of "Twilight Zone," where the clock says 3:30 but only a few minutes later, it looks like7:00 and you know you didn't suddenly fall asleep for almost four hours! The strangest part was that all the birds and their babies stopped chirping for until it got lighter again.
The eclipse was such a wonderful thing for all of us, whether or not we were in its path, because during that brief "event," there was NO talk of Trump, Cannon, or any of the horrible stuff going on. That was so REFRESHING and it didn't cost a penny!!!
Go online and order some eclipse cool m glasses!!
I got mine that way last fall. I followed NASA's recommendations for eclipse glasses and found something called Solar Snap!!
I got 2 pairs of eclipse glasses PLUS 2 filters for my phone's camera!!
Even though it was mostly cloudy on Monday (of course 🤬🤬), I still was able to get some great shots of the eclipse.
Not in the totality, but we were like 94.7% totality!!
Yes, my birds and some critters were quiet during parts of it, but coolest thing was seeing my 'family' of deer, coming up to my fence line to nibble, just like they do every evening!!
My 🦌🦌 family includes 2 yearlings, momma doe AND my pride & joy.... 14 point buck daddy!!
Forgot to say - there's an Annular Eclipse next year AND you'll need the eclipse glasses!!
Here's the VERY BEST calendar that can sync with calendar on your phone (mine thru a Gmail calendar):
https://www.nytimes.com/explain/2024/astronomy-space-calendar
It's absolutely the best ever for ALL things regarding space!!
Gives me meteor showers, eclipses, and everything else!!
Give it a try. I think you might like it!!
(p.s. - it even gives an explanation of what each celestial event is about! 😁😎)
Jean, you are blessed to have so many "critters" to visit you every day. I'm really going to jealous if you tell me you have frogs and hummingbirds!
Thanks for the tips.
She is doing precisely what the psychopath wants. She feels protected by her position and entitled to act erroneously.
Sabrina,
I didn't report you, and I'm hoping it doesn't say that I did. I was clicking the three dots to edit the thing I had just posted and clicked on YOUR three dots instead of mine. Please forgive me if something happens.
It wouldn't make sense to report someone whose comments are those that I agree with 150%. Especially about her "protection." As many guests on MSNBC have pointed out many times recently, the only judge you DON'T hear Trump rant about is Cannon.
Have a good Sunday!
There's rumor running rampant, but CANNOT be actually studied regarding her absolutely terrible partisanship towards the 🍊 💩 gibbon.
Some people are ruminating she may just be up for highest seat IF he wins in 24.
Best reason ever to vote TOTALLY BLUE in 2024!
What a mess…and SO many issues still to be decided. It’s like watching a very slow train wreck.
That is deliberate by her
Indeed, Ira, She is behaving as the inverse of Trump. His game plan is to create chaos. She is deliberately slow walking and creating roadblocks.
I have the same sense that her behavior is deliberate and strategic and very likely unethical. It is truly beyond belief what Trump is trying to get away with in order not to face the consequences.
Christine,
He will be in jail. And Biden will win on November 5. We won't win all the court cases. Cannon may slow walk this off the cliff - but he is going to jail and so are some of his cronies. People have to understand that not every case, no matter how strong, results in a 'win' for justice. But ultimately, Trump will be convicted, in jail and we will be working to repair our democracy. I am so truly grateful for this substack where like-minded people can connect. I realize of course, that when I write something as above (we won't 'win' every case, people do not want to hear it. But what 'is, is.' A single loss is not the end. And note: Jack Smith's indictment was not for 'selling documents' which I think would be espionage(?) Those charges could still come. E. J. Carroll's case annihilated Trump. His life as he knew it ended with that jury verdict. And he knows it as well.
👍
We need to know who the conduit is for all of this coaching from outside the judge's courtroom. She is obviously following someone else's lead because quite frankly, Judge Cannon doesn't seem bright enough to concoct this mess all by herself. I'm guessing there may be a enterprising law clerk working with her in the shadows, who is being guided by outside forces (maybe even a member of Scotus itself), like the extreme right wing clerk who lives with Clarence and Ginny Thomas. Before 2016, I would have thought statements like mine were absolute paranoia, but now? I grew up during Watergate, and that was a picnic compared to the constitutional crisis we are in now.
I was working for the Federal Government during Watergate. The office I worked in discouraged us from talking about Watergate or Nixon. Compared to Trump, Nixon was "almost" as innocent as a choir boy. Decades later, I can still picture Nixon and his family standing at the bottom steps of the helicopter, saying goodbye from the White House for the very last time.
Regarding the differences between Nixon and Trump the attorneys working with/for Nixon were punished a lot quicker than Trump & Co.
What an amazing experience. And yes, I remember the crooked lawyers-- our Dad was an honest judge (and a democrat) who was scandalized by everything Nixon and co. did. Grandma took it a step further-- she invented "The Nixon Man" to scare our baby brother when he misbehaved (which was frequently). All we older sibs had to do was yell "Nixon" and our brother would start to cry! You can't make this stuff up :)
Marian,
You must have been so proud of your father. I'm sorry for what he went through. Your grandmother was certainly creative; between her and your older siblings, I hope your little brother turned out okay after all! You're right! Nobody could make that stuff up! You were blessed to have had such an interesting childhood, with a REAL (honest) father and house full of brothers and sisters.
Your experience was the best one!
We were ALL lucky then to have had some honorable Republicans who were willing to do the right thing, and to tell Nixon he had shamed the Party and the Nation, and it was time for him to go! Contrast that to the Senate Republicans' votes on Trump's second impeachment.
Boy, that's for sure! The difference is like night and day.
Hi Dianne,
here's another take on that era from my brother Sam, who remembers "honorable Republicans" as well (like our neighbors George and Virginia Humphrey, not related to Hubert. George was a longtime Minnesota legislator who championed Native American causes throughout his career):
"Grandma Person used the Nixon Man on all three of us younger boys to keep us in bed. She said he hid under the bed and would grab us if we were naughty, getting out of bed for no good reason.
One of the commenters mentioned "honorable Republicans" of that bygone era, and she's right. I remember Dad hosting a gathering of his Democratic friends, all the usual suspects, and inviting Republican Senator Rudy Boshwitz to speak to the group about his take on current events. Talk about entering the wolf's lair, but Rudy accepted and I attended. The Senator impressed the group with his even-handed and thoughtful views while maintaining his middle-of-the-road conservative viewpoints.
Some years later, while driving a Russian contingent (during Gorbachev's Minnesota visit) in our big Borton Limo bus--Rudy was hosting and standing in the aisle near the rear seats--I had to stop very suddenly. Rudy came all the way forward, arms flailing, stork-like legs dancing out of control and crumpled to the floor near my driver's seat. I was horrified, thinking I had just killed a U. S. senator. But he got up, straightened his glasses, dusted himself off and said, "Well, you don't see THAT every day!" A couple of the Russians laughed, so they all laughed.
Of course, former Minnesota Senator David Durenberger, a Republican during the 1990's, left the party and endorsed Hilary Clinton and Joe Biden. A most "honorable" Republican indeed!"
-Sam
Marian,
You have definitely had an interesting life! At least you weren't bored. Were you nervous, driving that bus with such a mixture of people? I mean, it wasn't like you were driving a big limo for a "just-married" couple.
Except for having to pour a broken mayonnaise jar that had been holding an awful lot of guppies into a HOLY WATER FONT in the vestibule of a church, and then worry that someone would die of a heart attack if they saw them when they dipped their fingers into the water before making the Sign of the Cross, nothing in my 76 years compares to yours!
I'm glad that Senator Durenberger endorsed Hilary and Biden. And I would have enjoyed seeing the faces of those who saw Senator Boshwitz dusting himself when he got up off the floor.
Thanks for making my day! I've been working on my taxes off and on all day, but the dogs next door won't hush up. I wonder if the IRS would accept that as an excuse?
Hi Dianne,
the limo driver was actually my younger brother, Sam. I was the only kid to follow Dad into the law and at the time of the limo story, I was probably attending law school in San Francisco or had just graduated. But yes, I've had the privilege of leading an interesting life so far, and I hope to be around to get into all sorts of "necessary trouble" for many more years. I've never poured guppies into a holy water font, though! That's a great image....
Good luck with your taxes, and thanks for reading my comments.
Cheers, Marian
Ok. I've read the best 'feel good and bring a laugh' comment for today. Thank you.
Russia has had a lot more time and tools to win the Cold War we thought was over.
Jen,
It certainly seems that way. The area where I grew up in was too close to the ocean, so having a basement was not possible. Since that was the case, during the Cold War, you suddenly saw these "Quonset-shaped" structures being built in people's back yards. {I always thought that had I been a grown-up, with my luck I would have been at work when the big bang occurred.)
Now, we hear that N. Korea is giving Russia some rather lethal gifts (tools) to add to their collection.
Sadly --- and unfortunately --- it does not help us at all to have an ex-president who worships the ground that Putin walks on.
https://www.judiciary.senate.gov/imo/media/doc/Cannon%20SJQ%20-%20PUBLIC.pdf
Put forward by marco rubio, et al, she is Phi Beta Kappa Duke BA, and magna cum laude U of Mich. JD. Had two? young kids roughly between 2012 & 2016. Has been member of Federalist Society for 19 years. Self describes as a “textualist and constitutionalist”. Has received several recognitions. Used her discretion to add 6.5 years to a 17.5 year sentence of a 34 yo felon who threw chair at prosecutor in court at sentencing, and yelled I’ll find you and kill you. To run consecutively. To clarify, it was the felon yelling.
Can be a mistake to devalue or underestimate one’s opponent. May also be a mistake to impute a motivation solely on the basis of an event, or a relationship (appointment by tfg!).
I DON’T think this person is stupid, and I we & Smith do best to do our very best right now.
I also don’t know that she’s corrupt, per se, but I DO know that where one sits is often where one stands, and she’s from/has money. And Columbian money is concerning to me.
But so far, I have no facts; and I wouldn’t want, say, tfg to pillory ME on the basis of MY having lived 15+ years in socialist countries working for the governments, for example.
She doesn't seem like the sharpest pencil in the drawer. Is she being given advice on how to mess up the case by someone (or someones) who is (are) smarter?
Sounds like someone is feeding her info. I have thought that for a long time
So have I. What bothers me most is that if WE mere mortals (meaning those of us who still care about democracy) are suspicious about this, can we trust the upper echelons in the law enforcement food chain to be wondering about this, too? Or is Trump still dangling puppet strings that keep the heads of some of them facing straight ahead with eyes closed?
We have to get out the vote and sweep (or vacuum). https://www.fieldteam6.org/mission
Where can we rent one of those huge street sweepers?
Seems smart enough to give a very good prosecutor difficulty. Seems plausible she is getting best counsel money can buy...
That quite offended response from her seems way out of line, and unwise. Perhaps she wants to be removed and is trying to do it in a "it's not my fault, I did everything I was told" way.
Ditto.
Good question
I’m with you Joyce. Recusal is the only option. I think Canon is begging for it. Keeps her in the magats good graces and keeps her Cush job. Which is another topic entirely that our justices could be this stupid, corrupt and on the side of a treasonous con.
Ps
I took up knitting In October when I lost my brother to cancer. I’am working on a ‘Support Chicken!’ I bought the Michelle Obama Chicken kit, ( that sounds hysterical🤣) and plan to hold her close for the next 200 or whatever days. Wish I had real 🐣 like you but it’s a great sub!
I actually think that she may be trying to be forced to recuse herself for exactly why you said. She gives Trump another grievance, riles up his supporters, keeps her job and doesn’t have to rule against Trump. She loses face but, hey, a lifetime appointment…
I'm wondering if she wants out because she's scared of what will happen when Drumpf loses.
All she has to do is come up with a plausible story of not wanting to give the "appearance of bias", which shouldn't be hard (ahem) and submit it. Presto, recusal. So there is something else going on.
Angela, I'm so sorry about your loss. Of course, I never knew him, but somehow, I think he'll be happy and proud that you're making this chicken!
I still have the teddy bear that my uncle gave me for my fourth birthday. I'm in my mid 70's now. Poor Teddy's been through a LOT over the years but has always been there for me.
Enjoy your project! If it's a girl, I bet Joyce would be honored to have her for namesake.
Mine is the huggy horsey my papa got for me when I was born. Still have it, threadbare though it is, place of honor on my bedstand.
That is so sweet! I used to have Teddy on my nightstand, but the kitty I have now kept trying to play with him, so he now resides in the top drawer instead.
Is the Chicken Kit a real thing?! I might learn to knit for that!
I haven't seen a kit for the chickens (though I haven't looked) but the Emotional Support Chicken pattern is on Ravelry: https://www.ravelry.com/patterns/library/emotional-support-chickentm
And here are a bunch of them on instagram at a birthday party made by amazing knitter: https://www.instagram.com/p/C5I0Gg5rLHF/
I'm a fellow knitter and apologize for this brief departure from talking about the trial and Judge Canon. The chickens are very cool though and seem to be very popular right now in the knitting world.
Thank you! I am so going to check out the chicken! Joyce has made a believer of me. And living with two dogs mine would have to be a fiber one of some sort.
Me too suzc! At the very least I’m ordering one for a daughter-in-law who loves to knit🤗🤗🤗
Yes! https://theknittingtreela.com/products/8-piece-chicken-bucket?variant=40231229489239
TU
Joyce inspired me to knit too. Got to look into the support chicken.
I had horrific shoulder surgery a few weeks ago and could only manage 9" circulars. I've almost made a sock.
A minimally experienced judge is handed one of the most significant, complex cases of utmost national security. Her initial rulings are so sophomoric that she is schooled by her peers on the circuit court. She then slows judicial remedy down to a snail’s pace before concocting a bizarre request of ‘make believe’ regarding jury instruction. I am not an attorney; but I can reach no other conclusion than Judge Cannon is being “advised” by an entity determined to derail this case.
Can someone more adept than I at search engines, seek any prior filings by such groups as the Heritage Foundation (or other other legal groups working on behalf of extreme conservative interests) to determine if some of Judge Cannon’s uniquely bizarre ‘concepts’ and wordings are found elsewhere? This feels far more nefarious than simple inexperience or incompetence.
It almost seems as if somehow tRump is talking with her (or his lawyers are) to influence her decisions. Is there some quid pro quo happening here that we don’t know about?
I’m having real trouble accepting that even she would risk literally everything to have ex parte communications in this case. After all, she’s not a supreme court justice with no oversight.
Never know what she has been offered! I'm just turning 80, never been a suspicious person, now I'm looking for the bogeyman under every bed and in every closet! The past seven years have had a marked influence I how I see the world. I believe there is way more to see here besides an inexperienced judge.
Agree entirely Jacki! The story about how the search warrant came to her in the first case, is also something I would like to know more about!
That's interesting. I have no trouble accepting this. If her bet is that T wins in 2024, then she would have nothing to lose.
And she’s expecting a plum job from him!
Except her soul, maybe? Is that a thing for MAGAs?
Not unless she can sabotage the case via double jeopardy. THEN might not be far from the SC.
Interesting thought. If Cannon does sabotage by double jeopardy, what would be Cannon's outcome? Would she be impeached?
update 4/7 9p
Not a lawyer, but this is what I've read: there are currently 677 (incl. 10 temp) US District Judges. 15 have EVER been impeached, 8 convicted, 3 resigned before conviction. Southern District of Florida (currently 18 District Judges) has had more judges removed by impeachment than any other, with 2 - since the district was established in 1847.
So, prior probability of impeachment in lifetime: UNLIKELY, even in the district with the highest historical number (again, 2). A judge is generally allowed her judgements.
But if she leans TOO hard toward tfg, she may misstep on law or fact; and this determination requires a judgement from a higher court (11th circuit; SC). From her (reported) accumulating backlog, and her inexperience, and the gathering sharks, and the mounting complexity and attention, would only imagine she is stressed; she MAY not be at her best; but IS definitely smart enough to be seeking expert counsel somewhere; I expect the Federalist Society (a large tent?), of which she has been a member 19 years, has helped.
New Fact (to me): she IS smart and capable - was 'magna cum laude' for her U. of Mich. J.D. in 2007. During confirmation, reported 4 achievement recognitions, all in Florida District, all since 2016. Appears confident, with a rational basis for trusting herself. Smith may not have done the prosecution a favor with his challenge to this judge; she will try to make this so. To paraphrase, "if you strike royalty, you must kill them". He may have found few good choices; perhaps this speaks to her skills.
From everything I've read (again, not an attorney) she IS threading the needle: IF she instructs the jury to consider primarily PRA (Presidential Records Act) questions of fact in their deliberations (as Trumps defense would like) and ignores/underplays the espionage & obstruction related charges, and if she does this TOO LATE for Smith to appeal to the 11th (needs to be prior to the jury selection or jury instruction?, not certain exact point that double jeopardy 'attaches', someone here will know), THEN and thereafter, if the conduct of the case is challenged, Trump goes free, since one cannot bring the SAME charges twice.
A case being thrown out is NOT the same as a judge being impeached. Many have suggested this may be her preferred result at this point, and seems this is Smith's concern too. Tfg was pleased when she denied his motion to dismiss, a bit ominous too.
Seems an option for Smith is to bring new, clearer, criminal ('superseding') charges that either change venue / judge, or which are not susceptible to same needle-threading that it appears to me that Cannon is doing (with help, I assume; also assume Judges are allowed to have help), but I don't know the parameters of this. Seems there are many tfg crimes yet uncharged, as more testimony is collected.
But the main issue may remain, that UNLESS BIDEN WINS, TFG WILL NEVER BE HELD TO ACCOUNT for any of his many crimes and breaches of national security, other than his rape of E Jean Carroll, his real estate frauds, and possibly the Stormy Daniels & Michael Cohen election interference - if it starts April 15. Justice delayed IS justice denied. This saga is a travesty of justice. But Cannon? take her very seriously.
Is there a way to check this out?
@Norma Lee. The 11th Circuit ruled that she improperly took jurisdiction in the first case. Trump was "judge shopping," filed the case in the wrong courthouse.
I think she was the luck of the draw this time around.
She has an apparent conflict because of her conduct in case # 1.
Thanks, missed this.
Does this materially aid a recusal petition by Smith at this point?
I think he may be late. But never up.... My experience is that if Cannon objects, she needs to make a record. "Purge" alleged bias.
Thanks Daniel
He gave her a lifetime appointment?
Yes, it is a lifetime appointment. But what if he offered her AG or Supreme Court?
Well, he is nothing if not The Peter Principle in action!
Loved the “off with her head meme”😎Will this whole mess ever end? 🙏🏼⚖️🙏🏼
Doesn’t a relatively new judge in her position and lack of experience, have a supervising judge? Or, as it seems, is she given the position and allowed to wreak havoc?
One would think she would get some training or advice, at least fro the Chief Judge of her district. There was an article somewhere from her former clerks who say she has changed dramatically. Does that perhaps indicate some kind of coercion? It is hard to believe anyone put on a federal bench can be this incompetent. But then there IS the Supreme Court...
Suzc - maybe coercion of some kind.
Ultimately the supervising judge on the 11th Circuit is Clarence Thomas. Correct me if I am wrong.
He is the SCOTUS circuit justice for the 11th, and would make any initial determination on the disposition of the issue(s) questioned, should an 11th Circuit appeal not go the defense's way and it asks for a SCOTUS review. However, Trump hasn't had much luck so far getting the Court to pay attention to his assertions --- even with Thomas calling the first shots in at least two such prior requests --- both dealing with Cannon's rulings during the investigative stage of the classified documents case.
No way!!! That certainly puts yet one more kink in this whole case. It's probably been brought up many times, but just the mention of his name turns me off.
Great…
Mill, the latter: she was given the position and ‘instructed’ to cause havoc.
Joyce, you have described a tightrope walk that Smith is up against with Cannon. Of course, all of us really want the special counsel to appeal to the 11th Circuit to recuse her from this case. It is so very obvious to me that she is auditioning for Trump and it’s sickening, plus the fact that she is unqualified to rule on this case. It must be very unnerving to have to deal with her. It sure as hell is for me!
It's been hell for my clothes! All of a sudden, they seem to be shrinking!
Alas, mine are growing. Kicking myself for getting rid of my clothes when I hit 3 digits. Back down to 2 digits.
Nora, I did the same thing once upon a time. Not looking forward to my physical next week. I'm proud of what you accomplished!
Not proud Dianne. I’m 5’7” and am 95#. I’d love to be 125, but I’ve had a fever of Unknown Origin for 21 years now. I notice it at 101. Sometimes it lasts 6 weeks with no break, sometimes it daily off and on. It’s awfully hard to eat when you’re that hot. In summer I live on Ice Cream but I can’t eat ice cream in the cold winter months. Alas, many have far worse to deal with, I remind myself a lot as needed.
And the FUO (Fever Unknown Origin) is known why. A patch inside my thigh to keep the muscle in place. After a boating propeller accident, it cut my leg half way around, to the bone, in layers, kinda like a spiral cut ham. I’d lose too much muscle that’s left to remove the patch after 30 years. So, best Infectious Disease Docs at Northwest, Rush & UofIL Hospital all said, live with the fevers. But at least I’M HOT!!! Gotta Laugh to not cry at times.
Nora,
I was thinking again about the comments you made back in April about your FUO condition. The fact that you even survived that propeller accident is nothing short of a miracle. I'm proud of the attitude that you've maintained over the years. Even though you suffer day after day, you still think of others who have their own sufferings. There are people I've known over the years who were never empathetic.
Sounds like the motion to recuse may be Smith’s best and quickest option. He should also be arguing for a speedy trial.
I don’t see the argument that the government is entitled to a speedy trial too being persuasive unfortunately. That entitlement seems to always fall by the wayside in favor of what the (crybaby) defendant wants.
But if it gives him the right to appeal, it would be successful.
Good point.
I think Joyce among others have stated that the public is entitled to a speedy trial. I am not concerned what the crybaby wants, he has had his way far too long.
I hope that Jack Smith gets his opportunity to appeal soon on a ruling. I would hope that this judge could be impeached. Maybe with a democratic Senate, House and presidency she can be. I don’t know if there is enough evidence but if the 11th Circuit asks her to step aside. Maybe that will help. She is obviously not qualified but also is not impartial
Thus is why voting is important. Incompetent and partisan judges can be removed.
I don't know that they can be removed from federal bench like they can from state court.
They must be impeached.
That was my assumption. And that has always seemed too heavy a haul. Until now, when Republicans have made it just another weapon tone abused.
This is the best assessment of the situation in the Florida case that I've read or heard so far. Thank you for laying out the options the government can take and why some are more desirable than others at this point in the case. I've learned so much about the law from you, Joyce. Thanks for your persistence and plain language for us non-lawyers. Your daily explanations will be invaluable to future generations of lawyers and historians.
It’s obvious that she is on his pocket by the simple fact that he has not been attacking her. In fact, I read somewhere that he praised her for this ruling. Very curious indeed.
Cannon has been skillful in delays & rulings that have prevented Jack Smith from going to the 11th circuit so far. It seems the writings on the wall- if he doesn’t go now, she will continue to frustrate & weaken his case and find a way to get it dismissed.
But will Smith actually go for a recusal? I am doubtful.
No choice really. The writing is on the wall otherwise.
Hi Sabrina. Some days I’m doubtful. Hope I am wrong.