There was little doubt before last week that federal Judge Aileen Cannon was determined to delay Trump’s criminal case in front of her—the Mar-a-Lago classified documents case—until after the election. Now, there is none. It’s been apparent for months that the May 20 trial date in this case wasn’t going to be the actual start of trial, as the Judge let critical motions stack up and refused to rule. This week,
Joyce, Please clarify for your readers why Judge Cannon is facing no consequences from the Florida Bar, the DOJ, the ABA, or America's honest judges. It can't just be your loyal readers and other pro-democracy, anti-Trump Americans who are dismayed, if not disgusted, by Judge Cannon's outrageous ongoing violations of judicial norms and ethics. Is there anything the public can do to change this situation? I'm frightened that no one can hold this rogue judge to account -- a terrifying parallel to the rogue ex-president people are straining to hold to account.
I’m so glad you framed this as you have. Earlier today I posted the following to Joyce’s Twitter and Post.News accounts.
“With the exception (for the time being) of the Manhattan case, all of the Trump criminal cases are in jeopardy. Why?”
Now it is here, following your example.
My question why is not to suggest that I don’t know, but to highlight that all of these things are being tolerated. Particularly when it comes to Cannon. Along with the unnecessary circus McAfee presided over in Georgia, then inviting an appeal of his ruling. Joyce does a great job explaining all of this, while the fact of the matter is nothing is being done about this very questionable judicial conduct.
I am also wondering whether there is an organized protest for these dates outside the court. I think Judge Cannon should be reminded that Trump is not the only one she has to consider.
I don't know of any situation where signing an online petition has made a difference about a problem in any way whatsoever —except to give signers of same some misplaced sense that they have actually DONE something— so I have my doubts that “online petitions” are anything but ignorable (if they do even get seen at all) by their targets audiences.
It is one of the great inherent conceits of the internet, in my view: that merely appending my name to some already-written missive on a screen WILL make a difference: “It must! It HAS to! It sure seems like it should, anyway”.
I don't think it does. If anybody has any documented (or even anecdotal) evidence to the contrary, I humbly await being corrected in my thinking on this.
What kind of thing might actually get acknowledged in an office is this:
Paper mail (or so say the staff, interns, and volunteers of political and governmental offices where decisions are actually crafted and then administrated): mail-filled canvas mailbags that can fill a foyer… bags of mail that people have to step around in order to get to their desks.
But paper mail is harder.
Take my word for it: I for one conceptualized, wrote, printed-out, addressed & applied stamps to the envelopes containing letters, to both senators of all fifty states (postage for a hundred copies isn't cheap either, by the way) on the occasion of Trump's first Impeachment —because it was just that important. A lot of good it did, but it was a necessary effort, I thought. It was an arduous chore, which I was glad to have done.
Online petitions? Merely an item in somebody's Inbox. I cannot imagine them getting any more of a reaction than “huh” —if that.
The problem with this is, we are left with the illusion that we have Spoken Our Minds, and boy will the halls of power tremble and quake in the awesome face of citizens at work! (not).
Do I have a better answer? Not completely, but paper mail just has to be more noticeable to its recipients. But signing an online petition is certainly not It. Such is treacherously less than “It”, because it is part of our human nature to relax a bit, once we FEEL like we have done our part by stomping our little foot expressing our displeasure.
Apologies for the lengthy rant. But don't be lulled by “online petitions”: no matter how well intentioned, they just amount to a false, too easy, and ineffectual gimmick. In my humble opinion.
Hi Mike, I signed an online petition in Germany in their equivalent of Moveon.org. I also sent it to friends to sign. It was to stop Amazon from selling the books of a Right-wing author who is involved in politics and recommends an ethnic cleansing of Germany. Amazon removed the book from being available now, but has not totally removed it from its lists, so some effect, but not full effect. Such online campaigns influenced several German bookstore chains too. I believe that Moveon.org helped Obama into the White House. So, do you feel that Moveon.org is being disingenuous when it makes the following claims? https://front.moveon.org/what-we-achieved-together-in-2022/
Thank you, Linda: yes. When I said I am prepared to be educated, I meant it (and that is one main difference between us and the strongman/insurrectionist advocates : we can and will adjust our presumptions based on received information).
MoveOn.org rocks, they are a good outfit and they do great work. I will fine tune my rant though by noting two things for the discussion: one, that first most excellent URL you cited talks almost completely about direct action (and only a fly speck about petitions)… while the second cite of course goes deeper into the signing of things — petitions! Good on them.
But I will tidy up my original assertions, to folks who might still ease into thinking just clicking on a checked box is enough: I bet that even MoveOn.org treats the petition drives, to a degree, as tools of engagement ( read: fundraising), as much as one-and-done displays of numeric displays of citizens' good intentions.
That said: thank you for pointing out MoveOn.org's work.
I still like paper letters… and let's not overlook sending these good people actual dollars! Money —as one of our venerable old-time pols in California once famously said— is the mother's milk of politics. (Perhaps gauche and distasteful, but true.)
Online petitions are great!!!!. They can be looked at as practice for the most important action.....voting blue top down!!!!!! There is NO room for any negativity going down to the wire now!!!!
Online petitions function as email harvesters. They actually make zero difference unless they are formal petitions in which signatures are collected to add an initiative to a ballot.
Online petitions on the other hand only collect email addresses that are then used by the org or company that then owns them, sold or given the DNC, MoveOn, etc. read the fine print to find out what they are doing with the trove of email addresses they collect.
The poster who said to write paper letters is correct - those are efficacious because they force the aides to open them and when bags and bags of letters come into a senators office or judicial office (better in this case), they are *very* annoying.
Letters could also be sent to the 11th circuit! Creating bags of letters to land in her office would be embarrassing to her, but demanding something be done via the 11th circuit might actually do something. Of course, the best thing to do is get in the streets and *really* embarrass cannon. There are more people to answer to than just trump- the people.
Write postcards instead of letters. Cheaper. No envelopes. Instant read by the recipient. Stamps are $.53 - still outrageous, but that's the fault of Louis DeJoy, the Postal Service's board, and Congress. We can tackle that another time.
I'll sign but when it comes to where these people are, she'll never recuse herself and other Republicans will let her. I'd lay $$ if a betting man, kinda think Dershowitz is advising her!
Thanks David. It is always good to have the numbers because it is a tangible evidence that a lot of people care about the issue. It will influence people, but perhaps not MAGAs who have ignored most of the evidence that everyone else does not think like them because they are not concerned with that. However, I think judge Cannon will be more acutely aware of the eyes that are on her.
I think that as a human, she is going to be aware that people are organizing against her. That is all in the face of the chance that Trump will be reelected and put her on one of his lists of people to get revenge on. That list is long. I heard Hitlers was 400 people, but he actually claimed to the German people he had only gone after 77 or something like that. Summary executions should concern everyone. Judge Cannon is one of the people who is on the wrong side of history. We stand on the right side as we sign these petitions and speak truth to power.
Same here -- and I'll throw in Judge Kacsmaryk in Texas, who gets all those anti-abortion cases thanks to judge-shopping Republican plaintiffs. Anyone with eyes knows that the legal system has long been skewed toward the white and wealthy, but this seems different: it's not just "skewed," it's being manipulated consciously and conscientiously by individuals and entities of a particular political persuasion -- which has for decades also been working on the political system that appoints or elects the judges. I wish I saw a way out of this. (And no, it's not just "VOTE BLUE." In many states your blue vote barely makes a ripple.)
Susanna, we have a problem. Our system of justice as defined by our Constitution and laws is regarded as the entity that assures our country stays a democracy and operates as intended. That means it has to be apolitical, therefore making re-elections something our federal judges need not worry about. So bending the knee to a political party is not needed. Fair enough. The remedy then for a rogue judge as I understand it is impeachment by the House and conviction by the Senate. Which is a partisan process. This is problematic to me - in a situation where a rogue partisan judge is of the same political party as the party in control of the House, then no impeachment would be expected. And none has. So here we have a highly partisan district court judge, one of hundreds of district court judges - in a classic case of the cart driving the horse - dictating the terms of a hugely important criminal trial against the most dangerous politican this country has ever seen. And doing it publicly out in the open for all to see and for all to be reported by the media. With impunity. This is a 5-alarm fire. It is far more important than what is going on in Manhattan IMO, and should be covered as such by the MSM. Only thing is, I see no remedy for it. A giant hole in our system of government.
So then - what is the motivation? It must be one of the following. This judge might be a died in the wool MAGGOT and this country has alot of those. Willing to do anything and everything to get Trump back in power. And/or she may have aspirations for higher office, and expects Trump to appoint her (and the Senate to approve). What else is there?
What needs to happen - a blue wave this November which takes with it the presidency, the House, and the Senate. Then she gets impeached. This conduct cannot stand. Even if the Senate fails to convict, she will be disgraced and hopefully resigns. Weak, but there is just no legal remedy.
Trump and the ultra-conservative move towards Project 2025 started LONG before the latter got "distilled" into 800 pages of totalitarian rhetoric. The Federalist Society has gone far to obliterate the judicial part of the balance of powers the Founders envisioned.
The Federalist society has become the GOP "farm team" for judges, to use a baseball analogy. The Heritage Foundation has produced their guidebook. Project 2025.
But there is no other remedy. Unless Smith appeals to the apelate court. Even then, if they rule in Smith's favor, I don't know if they can remove her given how whe has been walking the tight rope.
I have long said that it won't be ideological or party differences that break this country. It will be the continuing, naked display that the wealthy, famous, and/or connected have a different justice system. That system allows them to find prominent people to publicly support dubious legal theories and defenses, hire expensive and experienced lawyers and publicity people, flood online outlets with their story, and generally prevail in court against the average citizen or avoid legal consequences entirely.
. . . while at the same time rigging the political system and stacking the bench (including the Supreme Court) with judges to their liking. Yep. Money is the 4th branch of government and it's eating the other three alive. Well, the executive branch is holding its own, but it could use some help.
In addition to reinstating reproductive rights for all women, I’d like someone to take a legal hatchet to Citizens United and enact serious election finance reform and a better system to enforce it.
For me, Judge Aileen Canon offers echos of Mitch McConnell’s denial of even a hearing for President Obama’s nominee for SCOTUS, Merrick Garland, only to later do exactly what he said he would do to put Justice Amy Comey-Barrett on the bench approximately two weeks before the November election.
She and Mitch McConnell are prime examples of the corruption that has been embedded in “everything Trump.”
Oh! And this past week we heard that Justice Clarence Thomas took an opportunity to defend himself and his “we don’t talk about these things” wife Ginny. Alas! He also claimed his non-constitutionally center Dobbs decision was written in language the people could understand.
We citizens have been denied justice and expediency now by two actors openly and outrageously taking a “poke in the eye” approach. Yes! Justice delayed is justice denied.
John, We can always count on Clarence being a whiner. That’s what he was doing at the judicial conference this week. And patting himself on the back for all the hard work he does. And he certainly didn’t want all the attention , but he was ‘called to do what he does.’ ‘
Aww shucks…hard to find that kind of humility these days:)
Thomas also uses AI and corpus linguistics to write his briefs. So he can throw in marginal, out of context cases so long as they contain words relative to a case he/SCOTUS is working on.
Hi Susan, In the strictest sense, did Clarence Thomas and Amy Coney Barrett use AI to write briefs: no, they did not sign in to ChatGPT or Bing and write a brief. They have, however, both attended the elite seminars on Corpus Linguistics paid for by Koch. And they both have written briefs with using Corpus Linguistics software (see Atlantic and Huffpost articles). Corpus Linguistics provides the data and insights that contribute to AI development: AI needs Corpus Linguistics. But it is not AI itself. Instead, it is a foundational resource for creating the
intelligent systems that understand and generate human language. So how it works for Thomas and Coney-Barrett, if they want to beef up on of their originalist briefs, they can ask the Corpus Linguistics software for all the prior briefs with the language they need. Then they clean up the citations. No elbow grease (or understanding on Clarence's part) needed. Originalists are not looking to form a theoretical framework with exceptional intellect or insight: the sheer volume of words/content they have produced serves their purpose. Then they can say: "This existed some 230 something years ago and this is how we know the Founders thought. In fact, they thought like I think!! And just look at how often they said these words!!"
I'm sorry for the confusion in my post: I did not mean Clarence sat down with ChatGPT, but he does use Corpus Linguistics and it is well acknowledged that his briefs are written by his clerks. He was reading a brief that he had not written, and looked up and said: "I have no idea what this means." He is a dunce. And that's a tragedy.
No shit. Humility is in very short supply for lifetime office holders, as are ethics.
Thomas should never have been confirmed after referring to the confirmation process as a "circus", following Anita Hill's testimony regarding his sexual abuses.
With Cannon (I won’t even call her a judge) putting her thumbs on the “scales of justice” so blatantly in this critical time that could dictate the future of our democracy, I think Cannon should be DISBARRED. She has REPEATEDLY demonstrated she cannot remain impartial.
She is purposely slowing down the case. She has shown competence in other cases in the past - so she is clearly biased. It’s called misused power. Do not be surprised if there is a call for her impeachment when we have reelected Biden, and a blue bicameral Congress. Plenty of attorneys on this website are taking notes. My guess is she is willing to throw herself under the bus and get impeached so long as she can keep Trump from being incarcerated to give him a chance to become president. But he’s not going to be elected. We need to impeach her.
She has NO relevant experience for this case! And almost no relevant trial experience at ALL! And there MUST be a CHIEF judge over her who could step in. Though laws are different in every state, most states follow the US Constitution for the most part. I would assume federal court judges have state law licenses?
EXACTLY!!! (In law school, we were once told "if you want to get away with murder, go to Florida and avoid Texas"; not sure if I quite understood it even then, but certainly TX does execute a lot of folks and FL is home to a lot of rich grifters. Rick Scott, anyone?)
When the Colonies had enough of the King of England they did something about it. That created the United States. However, my belief is what the country currently faces will require more than getting out the vote. There is a movement guided by an ideology and an agenda that must be crushed. The ballot box is not enough.
The current trial going on in NYC is the least important. However much can be glean from it and the 2 other civil court cases as to who Trump really is. Here in NY and even NJ we've seen these antics and him getting away with them for decades, while the rest of the country was watching The Apprentice. Now we get to see him in the raw, with judges that are not afraid to admonish him.
In regard to the other cases, yes I know there is more evidence of his malfeasance that I would like to see, however I was watching the Jan 6 events in real time,on TV (much like watching planes crashing into towers). I also saw pictures of lots classified documents in a bathroom. These scenes are seared into my head and along with the education I got from school, and my dad, I already know for a fact, he is a clear and present danger to our country. I have all the evidence I need, and come November I will happily give my verdict.
Exactly, Janet. He was guilty from January 6 on. In fact, Mitch McConnell and Kevin McCarthy clearly and unequivocally stated as much on January 7, 2021. And, of course, we all heard Slimy Lindsey Graham say, “I’ve had enough!” Yeah! Right, Lindsey.
I swear these enablers must have had a lot of skeletons in their closets that Trump held. Or, they quickly recognized the Proud Boys and others were a threat to them and their families. Sickening.
Lindsey Graham reversed himself after he had made a trip down Mara Largo to kiss Trump’s ring. And to hear firsthand what dirt Trump had to share with the world if he didn’t comply. The black mail doesn’t come necessarily from US sources (Russia could be giving Trump dirt on members of Congress. Or don-Don could be threatening - Mitt Romney is spending $5,000 per day on security for his family And he has stated that many members of Congress have left because they simply don’t have the funds to buy security. So we don’t know the ring kissers received physical threats or threats of exposure. Don’t forget that Russia is very heavily involved in getting Trump reelected. A bipartisan report from the Senate found Russian interference in 2016 and very likely in 2020. Why would they stop interfering for this election in 2024 in my opinion Trump was illegitimately elected in 2016. And I’m wondering if everything he’s done can be negated. That includes pardons for Steve Bannon, Paul Manafort and other family members and sycophants.
I knew there was a reason I followed you. Yes! Russia is Trump’s friend. Actually almost anyone authoritarian leaders is his friend. It is outrageous that Viktor Orban visited Trump at Mar-a-Lago.
If there’s ever anything left of us after the election, which Joe Biden is going to win, we need to work to have Congress declare Trump‘s 2016 election illegitimate and everything he did after he was illegitimately elected to be withdrawn. That’s the only way to repair the damage. We can’t have Russia, pushing the levers to elect our president. They tried again in 2020 .And here they are again in 2024
Valere, you are as sharp as a tac. I’d add that we need to work diligently and honestly to find a path to “civil discourse” with our fellow citizens. It will be a long, hard road to authentic healing but it will be another essential to our moving beyond this moment. We will not reach some of the players on this journey but we must find common ground with a majority as part and parcel of saving our democracy and constitutional laws. Thank you, again!
Valerie, so great that you believe the Russian thread on our elections in 2016 and 2020. Some people I know always tell me that it was false, that it was never proven. Well it was never proven because Bill Barr shut it down. Robert Mueller could have continued to drill down until he reach Borscht but Bill said nyet.
Laurie, apparently there IS something we can do about judge cannon. Glenn Kirshner released this video yesterday about how we can lodge a complaint about cannon’s obvious bias with the 11th Circuit. I plan to do this myself. Perhaps if enough of us do this, they will be forced to sit up and take notice, and do something about it.
I am including a complaint against Catch-and-Kill Cannon, the 11th Circuit Court for not addressing this the moment she was assigned to the case (or not removing her name from the "random" list in advance of the case given the reprimand they had to issue for her abuse of judicial discretion involving his initial search for documents), and the Supreme Court Justice who oversees the 11th Circuit Court. This should have been handled on day one. The case should have gone to trial in December or sooner. AND, given how any other individual charged with even one of these charges is handled, the ex-president should have been sitting in jail until the trial.
Because Michael - she is indeed untouchable. All federal judges are as long as the party in power in the House is the same party as the said judge. She can act basically with impunity, and apparently all that she can face is a hand slap from the appelate court.
That can't be right! Surely she has to answer to the FL Supreme Court licensing board, at a minimum, if not to the Chief Judge in her district or the appellate court.
True Jay. The cure is to re-elect Biden and elect a blue bicameral Congress to gain a 2/3 vote for impeachment. It may not happen with this 2024 election (to gain the 2/3 needed) but we need to press for that.
In addition, I urge Joyce to help us understand whether the supervising court, the Eleventh Circuit, could step in independently, without a mandamus petition from Jack Smith. Aileen Cannon's bizarre handling of the case has a distinct odor of corruption that potentially undermines confidence in the administration of justice within the Circuit writ large. If justice delayed is justice denied, and the appellate overseers acquiesce in dubiously grounded delays that consistently favor one side, are they not also complicit in denying justice?
What about Smith appealing to Circuit Court to have her removed and replaced? Can that happen? Under what circumstances? Why hasn’t it? Might it still?
This is a microcosm of Trump’s second term. We have to deny him the WH and take back the House. Half of my career was in the classified world and I can tell you that storing and transporting classified documents is critical but it’s not hard and it happens every day. There is no excuse for Loose Cannon’s behavior.
Well said, Laurie. Judge Cannon knows no boundaries. She calls herself a judge, but that can't be. A REAL judge wouldn't be so partial to a defendant. That, my friends, makes my stomach churn.
My degree was in Administration of Justice. Among the required courses we took happened to be one called "Ethics." A rational person would THINK that someone with aspirations to be a judge (?) MIGHT be required to take at least one three-credit course like we did? If so, either she slept through that one, or found assistance of some kind.
It appears judges are also above the law in those places where they get lifetime appointments. SCOTUS certainly believes itself above the law. Trump so far is above the law, as is SCOTUS. This is a serious gap in our system of govt. It basically leaves assassination as the only out. Not a good thing. Certainly not an intended consequence of the Founders, I would think.
You put it so well! It's agonizingly daunting that there are no higher authorities taking Aileen Cannon to task for her bias, incompetence and contempt for the voting public's right to have the facts laid before them in time to inform their votes in November. The fact that a considerable percentage of the electorate is indifferent, uninformed and unengaged already places our democracy at risk. The matter of holding Trump accountable shouldn't be solely up to the voters. Where are the supervisory professional bodies who should be safeguarding justice?
"Agonizingly daunting" is a spot-on description of our current political situation. Which leads me to think about the book describing the Lewis & Clark expedition in 1804-06 called UNDAUNTED COURAGE. Which is what we'll all need for at least the next decade or two.
I was not aware that Clarence Thomas is the SCOTUS overseer for the 11th district. I don’t think many people are aware of this.
This is a sickening example of the layers of corruption and sycophantic behavior prevalent today and a small example of what would happen if TFG were to regain power.
No Supreme Court Justice is an “overseer” of any District Court Judge, of which Judge Cannon is one. Justice Thomas oversees emergency petitions from the 11th Circuit. No emergency petitions are involved here.
I don’t know about a chip on his shoulder. Seems like he simply wants to be among the wealthy & powerful who have no time nor care for we “lesser” types.
This seems like a miscarriage of justice and there should be a way of doing something about it. Americans deserve the outcome of a trial on this before going to vote. Or maybe when voters go to the polls they should just assume TFG is guilty!
(Yes, I'm really disgusted.)
And, what now is beginning to concern me even more than before is why Smith never did anything about Cannon early on knowing she could sabotage the case. He surely knows the ropes. So why?
Which means she is being puppet-handled by someone behind her. Because she is neither smart enough nor experienced enough to know where those lines are, without someone telling her.
Suzy, she’s plenty smart enough to do this. She went to Duke and University of Michigan law school. She knows exactly what she’s doing and she’s very willing to throw herself on her own spear just to make sure Trump is reelected. One way to do that is to slow down this case so it doesn’t go to court before November 5. But I strongly feel that the DC case on, election interference is going to be heard by Judge Chutkan in September. So we may need to prepare ourselves that this document case is DOA. That doesn’t mean it’s going away. Jack Smith stated in the original indictment that other charges may be filed. If this case is held up, and Biden will be reelected, Trump can look at some new charges because our intelligence can tell us where he sent those other documents and they know what is missing
Absolutely Lynn. I responded to Trudy above. He has one shot: he has to make it pierce her. If he doesn’t, it doesn’t knock her completely off the bench she will rule against him on every single turn.
I can say I am assuming Totalitarian Trump is guilty. That is the thing about being known for doing nothing but lying. No one with any sense will believe anything you say except when you tell us you plan to rival your buddy Putin in running a Totalitarian regime by suspending the rules on the first day. Let us see what Hitler did with his first days in office. This BBC series The Rise & Fall of the Nazis discusses this in episode 3. https://youtu.be/KcfTOKgDdWQ?si=O6xoH9kmD61R8OHM
Thank you Linda. Episode 1 is essential for understanding democratic government disintegration after the infamous German 1920's well documented by German cinema at the time. One film example, 'Metropolis'.
Welcome Bryan. I totally agree with you. Everyone should be brushing up on their knowledge of Hitler coming to power and look at what Mr. Trump is doing. Hitler had to ease the population into his agenda, after he came to power based on totally lying to them. Trump is telling everyone now so that when he comes to power he will not have to waste time accustoming everyone to his agenda (meaning his useful idiots), because he is conditioning them now. I will not go into all of the things that they are accepting, but I am really counting on women to provide a huge backlash. I am still worried that Trump and the Supreme Court will steal the election for him just as Bush and the Court did before. It all sickens me that we accepted that. I have not seen Metropolis for a long time, but I am sure I would look at it in a whole new light. Didn't Fritz Lang emigrate to the USA? He was born in Vienna, and his Jewish mother had converted to Catholicism in 1900 and his father returned to it. They died before the Nazi's rose to power and he was raised Catholic. In any case, he made films in Germany, and immigrated to the USA in 1939, which was after Hitler clued the German people on that he was leading them back to war. This series is both a refresher for me on things I know and filling in a lot of information I did not have before.
Trudy, Smith has to have the kind of evidence against Cannon that would bring her down with one shot. He was very close when she made her order requesting that he and the defense right and opinion for the jury on immunity. Then she backtracked. She’s very very clever. She’s not stupid. But the one shot has to really pierce and knock her out of the ballpark because unless he does, the case will be DOA before it ever goes into the courtroom and she’ll make sure. He sent up a few trial Balloons. I think he’s getting very close to making that appeal. There was enough prima facie evidence to bring the case to trial from day one.
Doesn’t have the role of overseeing the 11th Circuit Court of Appeals? Or doesn’t have the role of dictating what they do? If the former, well that’s a relief. If the latter, my concern is influence rather than direct instruction — it seems implausible that justices don’t exert some degree of influence on their respective circuit courts.
Jack Smith's Team would have to have a potent 11th Circuit appeal to seek recusal as a remedy for the Public's 6th Amendment right in seeing justice fairly administered. I have posted before -- we need Whistleblowers to come forward.
See, Gannett Co. vs DePasquale 443 U.S.368. 383 (1979). the "Public has a DEFINITE & CONCRETE (emphasis added) interest in seeing justice fairly administered."
Mothers' Day Update:
On 5/8/8 the parties agree to UNSEAL Court Filings Nos 117 & 119.
On 5/9/24 after the 5/824 Hearing Judge Cannon instructed "Defendant Trump" specifically what to do next. "On or before 5/16/24 Defendant Trump shall submit under seal on his [Trump's] position on the sealing of his two (2) UNDOCKETED motions ... Trump's position "... shall consist of his proposed "red box" redactions.
I have experienced one (1) Federal Judge in the Northern District of California that was a micromanager but, nothing like Loose Cannon as the matters are easily resolved under the 1980 CIPA itself, FRCP, standing Court Orders or simply under the duties & obligations to the Court of the Federal Bar.
All good questions Daniel. I sent an email to Attorney David Lot as David has done some valuable research on the early departure of 2 of Cannon's 1 year research clerks. I have not seen anything on David's Substack, "General Jurisdiction".
Mother's' Day Update: Daniel as you know doubt already know on 6/1023 HUGO LOWELL reported that that ANGELA NOBLE Chief Clerk, for the Southern District of Florida declared that Judge Cannon will remain permanently on the Trump case unless she "steps down".
Bryan, could Jack Smith re-seat the Grand Jury to question these two law clerks as to why they left, or if they know whether Cannon is purposely stalling to aid Trump? TY, V
It was assigned to her because the procedure is to assign a case to the judge who has handled the issue before. Because this bimbo got the original appeal that she fucked up on so completely she was overruled by the 11th Circuit twice, their procedure there is to give anything further to her as the "judge of record."
The people responsible for this so called "rule of law" need to get their shit together because their rule of law is circling the bowl and they don't seem to realize it or have anything they can do about it.
She was reprimanded by the 11th Circuit. The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause. “The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.” https://s3.documentcloud.org/documents/23323385/trump-ca11-2022-12-01.pdf
That, standing alone should invoke 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.
Indeed, Daniel. Purposely stalling on setting a trial date to the point that the defendant Trump could call for a mistrial based on being denied a speedy trial is certainly not impartial (she would be throwing herself under the bus for Trump - and that is biased behavior).
I also read (probably NYTimes), at the time of Cannon's selection to preside over this case, that there were only 3 or 4 judges in the "wheel" at that time - not sure why - but that really upped the odds of her selection.
Wondering now about how Cannon got the luck of the draw on the spin of the Florida wheel with 4 judges' names on it for this case? Sounds like a county fair game I always lost."
Hi Bryan, in Gannett Co. vs DePasquale the 'Public has a definite and concrete interest in seeing justice fairly administered' seems to be confined to public's right to attend pretrial and trial (the request of a public trial is for the benefit of the accused so the public can see that the defendant is fairly dealt with and not unjustly condemned). So will Trump be able to make an appeal based on the fact that the trials are not televised and 'his MAGA public' cannot see the the prosecution? Or is just having the public stand in line and get inside (if they can) suffice? All it seems we (Public) have a right to is a speedy trial and Cannon is preventing that. There are no checks and balances for the public: she is giving everything to the defendant. I think Jack Smith would have the best shot at appeal to go to court if he used the 'prima facie' reason: the legal claim has adequate evidence so that it is reasonable for the court to proceed into trial or judgment. This does not get rid of Cannon. It gets Jack Smith's case to court because that is what is most important. The public has the right to see the case go to court. So if Jack Smith went to the appeals court he would have to be absolutely sure that he had enough prima facie (my new lawyer word) fevidence against Cannon to ask the court to rule that Cannon set a July trial date. The evidence he has is that she is stalling. If the case does not get to jury selection and trial, the public does not have its right to see that the defendant is fairly treated and to see the prosecution present their evidence beyond a reasonable doubt. In the meantime (in my humble opinion) Cannon's stall could be to give Trump the right to appeal on the grounds that 'he' didn't have a speedy trial and since that would be appeal, he would not be in Cannon's court when he made that claim. Could Trump blame Judge Cannon's stalling as the basis for an appeal? That would be the ultimate insult to us. If whistle blowers came in to testify that Judge Cannon was purposely stalling, what does that do to the case? Give Jack Smith grounds to call for a replacement for Judge Cannon? Or does that help Trump ask for a mistrial because he did not get a speedy trial (I think that could be Cannon's agenda. She is throwing herself under the bus for Trump).
Nobody wants to second-guess Jack Smith. He has probably thought of all the less than straight forward reasons behind Eileen Cannon's pretend judging. I do not think he cares if she stays or goes away: he wants his case to go to court. But why not appeal with the prima facie evidence given to the appeals court to force a July trial date?
Cannon is doing exactly what trump wants: delay, delay, delay. He has absolutely no desire for a speedy trial, because he doesn't want real justice. He wants absolution, which in this case is clearly not justice.
A novel theory but this issue concerns the district (trial) judge’s docket management (however inefficient) in a complex classified records case and therefore not a legitimate ground for appeal to the 11th Circuit.
But thank you once again for the legal grounding. Is the case DOA? I would really rather know than to try to keep hope alive where there is none. Do you see a way forward? To me stealing classified documents and possibly handing them off is the worst. Such a threat to our nation.
Valere, don't shoot the messenger, lol! Time will tell. I think the classified documents case is the strongest one they have against Trump, especially in light of the obstruction efforts by Trump. Quel dommage if it never is prosecuted.
Indeed - a tragedy if it is not prosecuted. But I don’t know that everything has to hinge on being prosecuted before the election. I strongly believe we are going to reelect Joe Biden and these cases can be tried after November 5.
Connie, Was this for me or Bryan McCowan? I was responding to him, re Gannett. He’s a prosecutor from SF - and always has an instructive take on things. So I’m waiting to hear back from him, that I’m wondering if he sees way forward without an appeal.
Out of curiosity I looked up the case you cited. I don’t claim to be a Constitutional scholar but the question taken up by SCOTUS was (according to Justice Stewart who wrote the opinion) whether members of the public have an independent constitutional right to insist upon access to pretrial judicial proceeding, even though the accused, the prosecutor, and the trial judge all agreed to the closure of the proceeding in order to assure a fair trial.
Basically the Court upheld a lower court ruling that the public has no right to attend criminal trials, and that the exclusion of the press from pretrial proceedings was constitutional if used to ensure a fair trial for the defendant. The case was decided under the Sixth amendment.
Apparently there was tremendous backlash from the media and the judiciary and set up the ruling a year later in Richmond Newspapers, Inc v. Virginia (1980) holding the First Amendment creates the right of access for the press and public to criminal trials.
I could not find any discussion of the public’s right to “seeing justice fairly administered” as a holding. Sixth amendment rights belong to a criminal defendant - they do not belong to the public.
Again, I am no constitutional scholar but I could not find anything in the Gannett case that would even remotely apply to the Trump documents case or provide Smith with an appeal to the 11th circuit.
I would contend, however, that we should be thankful the holding in Gannett is not good law and that the Richmond case, decided on 1st and 14th amendment grounds (not the 6th amendment as in Gannett) was distinguished - otherwise neither the public or the press would be allowed to observe or attend the Trump criminal trials as Trump would certainly demand closed hearings as would be his right under Gannett.
I do have one question - what would a whistleblower provide in this matter?
As I understand it, from the weekly podcast “Jack” with Andrew McCabe and Allison Gill, there is a high bar on getting a judge recused . Technically it has to do with court orders, which she has been loathe to do….just shadow dockets, and decisions on motions or setting of hearings on motions which she could dispense with. Smith has repeatedly stated in all his briefs that the Speedy Trial Act is not just for the defendant, but the People. Beyond that, I don’t have any answers, but it’s all extremely infuriating.
This makes me ill. The casual corruption is staggering - these are our national secrets, and those of allies reportedly, that our former president showed to heaven knows who. Waltine Nauta, reported sexual harasser and valet to the defendant, had photos of some of them on his phone! Yet it would seem that We the People who obey the laws of our country willingly have no rights, nor any recourse whatsoever, in seeing this resolved. Instead the case is held hostage by one judge appointed by, and by all indications in the pocket of, the defendant who appointed her. There oughtta be a law against it!
I hear you—the Electoral College determines the president, with the votes of the people having only an indirect impact. We just have to VOTE BLUE in even larger numbers (like in 2020) so more states line up with democracy.
It is no longer surprising to see Judge Cannon do all she can to favor Donald Trump at the expense of being an impartial and objective jurist. What is surprising, though, is watching her fellow judges in her district and in her Circuit stand by on the side-lines to allow and even enable her to so pervert and abuse her judicial position to proactively favor the defendant who appointed her to her job. She has turned her Circuit into a sewer of corruption.
Hi Ginni, Where did you read this about Cannon determining the legitimacy of Jack Smith as Special Counsel? It was up to Merrick Garland to appoint Jack Smith and he has every legitimate right to do that. Jack Smith was at the Hague, prosecuting former heads of state war criminals (Thacci, former Kosovo president, for allegedly removing body parts from his political opponents and selling them. Thacci is in prison at the Hague, things have not gone well for him). Cannon has no jurisdiction over the Attorney General.
Yes, it looks as if the GOP is coordinating attacks on Jack Smith in concert with Trump.
A group of prominent Senate extremists (Cruz, Cotton, etc.) recently threatened The Hague with action against that Court if it investigated Netanyahu for war crimes in Gaza. They go on to assert that if the Court were to proceed, the U.S would deny any member of the Court entrance into the U.S.
In the first instance, it seems beyond odd to see a small circle of the Senate suddenly turn its attention to The Hague’s deliberations. It also seems implausible to me that five or six Senators would have the authority to announce such a threat much less carry it out. So I saw this as a not-so veiled threat against Smith if he were to return to The Hague. It’s an option, I think, if unwarranted delays on the immunity question structured by the Supreme Court and Clarence Thomas’s hold over the 11th Circuit in the espionage case were to stop the trials for an indefinite period, should DJT throw the results of the election into chaos.
.
I think you have a point about the Florida case in light of the gaming that took place in the New York hush-money trial yesterday: Necheles refusing to object to Daniels’s salacious testimony during direct, then Todd Blanch asking asking Judge Merchan for a mistrial over the prejudicial nature of Daniels’s statements.
In Florida, we have the same tactics at work. Trump’s team may indeed cause delays (aided by Cannon) only to exploit the delays as a basis for a mistrial using the argument that a speedy trial had been denied Trump owing to some spurious action taken by the Government. Only in this instance, instead of pointing out the absurdity of their argument, as did Merchan yesterday, Cannon will rule for Trump, if past is prologue. Game over.
No Lynell. The Hague victims are alive and some of their relatives who missed body parts are deceased. It's not appropriate to make jokes about this. I posted to show the experience and credibility of Jack Smith in prosecuting war criminals and despots. He is not only qualified in those areas, he is qualified to prosecute an ex-president who allegedly stole classified documents and conducted election interference - and has stated publicly that he 'gets along well with dictators.' I'm not sure why anyone would find it appropriate to make a joke about harvesting body parts and selling them off, no matter who or which political party they are part of. Our common denominator has to be better than this. I asked Bill to withdraw his comment.
Bill, I think your attempt at humor at the expense of still living victims of Thacci, who was only arrested by Jack Smith as he boarded his plane to fly to meet Trump at the White House on election eve November 2020 to be in poor taste. Please delete the comment. Piggy-backing on the unfortunes of others to make humor is poor. And these victims (some died with relatives afraid for their own safety agreeing to testify only after Jack Smith and his team took the time and care to establish trust. Some of the victims who testified against Thacci are still living, missing organs. And as they testified against this monster, his supporters were loudly protesting his arrest outside the Hague).
Trump asked for review of Smith's legitimacy, so she put it on her list of motions to be resolved before proceeding. It's simply another delay tactic. Anyone else (well, mostly) would have simply dismissed it.
You do say things my mind spins around when her nightmare name appears. She’s a blackhole. Dante would have a field day with her and the other maggot injustices.
Is failure to reschedule the trial grounds to file a writ of mandamus now? It seems like all these delays to rule or reject various specious filings taken together with a lack of a new trial date would demonstrate that she isn’t serious about ever trying this case.
And thanks Joyce for explaining this to those of us who follow the law but never went to law school. Also, chicken pictures are always welcome.
I went to law school. Florida law still baffles me. And federal law is again different. But the American People really really do need to clean up the judiciary loopholes, beginning with a few removals at the top.
Cannon is either auditioning for a SCOTUS appointment or VP consideration. Her blatant butt kissing is disgusting. Dems need to make her an example of the type of sycophant TGF will appoint if re-elected.
What a travesty of Justice is an understatement!! My heart goes out to our brave Jack Smith and those along side him who have been fighting so hard to do what's right!!
Damn that woman and damn Trump too!!! Thank you Joyce as always for keeping us informed. It is discouraging to hear but not surprising in the least. 💔🇺🇸💙
So, why, if she's overly violating statutory requirement of Speedy Trial Act, can she herself not be indicted? Is there now also a secret immunity for judges? Quis custodiet ipsos custodes?
Most states have a judicial conduct commission. The "watchers" are the investigators with those commissions. The watchers of the watchers are twofold: you, John Q Public, and the commission members, who are typically volunteering for resume' purposes. Am going through this right now myself. Watchers don't want to look very deeply, because corruption is endemic. Casual corruption is this era's Weltanschauung; it's everywhere where power is.
Joyce, were you grinding your teeth while writing tonight’s newsletter? If Cannon isn’t being advised by the Heritage Foundation as to what to say, then who? She is just a plant, a fake for Trump. Being that the 11th Circuit Court is overseen by the one and only Clarence Thomas, we are up against a brick wall. Trump may walk, God forbid. He is a traitor to his country. I keep thinking to myself about the old adage “good things come to all who wait…” and I just want to remind everyone that his highness will not live forever. I just hope to be around for his demise.
Morning, Marlene! My thought is Biden can win by an "unprecedented" landslide and still our troubles will be far from over. The Grim Reaper will go a long way toward balancing the scales, IMO.
Knowing how reluctant licensed attorneys are to criticize judges, I applaud Joyce Vance for telling it like it is. Telling the truth. So-called judge Aileen Cannon has taken us down the road to the banana republic. We’ve arrived.
Joyce, Please clarify for your readers why Judge Cannon is facing no consequences from the Florida Bar, the DOJ, the ABA, or America's honest judges. It can't just be your loyal readers and other pro-democracy, anti-Trump Americans who are dismayed, if not disgusted, by Judge Cannon's outrageous ongoing violations of judicial norms and ethics. Is there anything the public can do to change this situation? I'm frightened that no one can hold this rogue judge to account -- a terrifying parallel to the rogue ex-president people are straining to hold to account.
Laurie,
I’m so glad you framed this as you have. Earlier today I posted the following to Joyce’s Twitter and Post.News accounts.
“With the exception (for the time being) of the Manhattan case, all of the Trump criminal cases are in jeopardy. Why?”
Now it is here, following your example.
My question why is not to suggest that I don’t know, but to highlight that all of these things are being tolerated. Particularly when it comes to Cannon. Along with the unnecessary circus McAfee presided over in Georgia, then inviting an appeal of his ruling. Joyce does a great job explaining all of this, while the fact of the matter is nothing is being done about this very questionable judicial conduct.
I am also wondering whether there is an organized protest for these dates outside the court. I think Judge Cannon should be reminded that Trump is not the only one she has to consider.
Daily Koz has a petition for Judge Cannon to recuse herself that I just saw and signed.
https://www.dailykos.com/campaigns/forms/sign-the-petition-judge-aileen-cannon-must-recuse-herself-from-trumps-case-2
Speak truth to power!
I don't know of any situation where signing an online petition has made a difference about a problem in any way whatsoever —except to give signers of same some misplaced sense that they have actually DONE something— so I have my doubts that “online petitions” are anything but ignorable (if they do even get seen at all) by their targets audiences.
It is one of the great inherent conceits of the internet, in my view: that merely appending my name to some already-written missive on a screen WILL make a difference: “It must! It HAS to! It sure seems like it should, anyway”.
I don't think it does. If anybody has any documented (or even anecdotal) evidence to the contrary, I humbly await being corrected in my thinking on this.
What kind of thing might actually get acknowledged in an office is this:
Paper mail (or so say the staff, interns, and volunteers of political and governmental offices where decisions are actually crafted and then administrated): mail-filled canvas mailbags that can fill a foyer… bags of mail that people have to step around in order to get to their desks.
But paper mail is harder.
Take my word for it: I for one conceptualized, wrote, printed-out, addressed & applied stamps to the envelopes containing letters, to both senators of all fifty states (postage for a hundred copies isn't cheap either, by the way) on the occasion of Trump's first Impeachment —because it was just that important. A lot of good it did, but it was a necessary effort, I thought. It was an arduous chore, which I was glad to have done.
Online petitions? Merely an item in somebody's Inbox. I cannot imagine them getting any more of a reaction than “huh” —if that.
The problem with this is, we are left with the illusion that we have Spoken Our Minds, and boy will the halls of power tremble and quake in the awesome face of citizens at work! (not).
Do I have a better answer? Not completely, but paper mail just has to be more noticeable to its recipients. But signing an online petition is certainly not It. Such is treacherously less than “It”, because it is part of our human nature to relax a bit, once we FEEL like we have done our part by stomping our little foot expressing our displeasure.
Apologies for the lengthy rant. But don't be lulled by “online petitions”: no matter how well intentioned, they just amount to a false, too easy, and ineffectual gimmick. In my humble opinion.
.
Write letters. Paper letters.
.
Hi Mike, I signed an online petition in Germany in their equivalent of Moveon.org. I also sent it to friends to sign. It was to stop Amazon from selling the books of a Right-wing author who is involved in politics and recommends an ethnic cleansing of Germany. Amazon removed the book from being available now, but has not totally removed it from its lists, so some effect, but not full effect. Such online campaigns influenced several German bookstore chains too. I believe that Moveon.org helped Obama into the White House. So, do you feel that Moveon.org is being disingenuous when it makes the following claims? https://front.moveon.org/what-we-achieved-together-in-2022/
https://front.moveon.org/heres-what-your-signatures-made-possible-in-2023/
Thank you, Linda: yes. When I said I am prepared to be educated, I meant it (and that is one main difference between us and the strongman/insurrectionist advocates : we can and will adjust our presumptions based on received information).
MoveOn.org rocks, they are a good outfit and they do great work. I will fine tune my rant though by noting two things for the discussion: one, that first most excellent URL you cited talks almost completely about direct action (and only a fly speck about petitions)… while the second cite of course goes deeper into the signing of things — petitions! Good on them.
But I will tidy up my original assertions, to folks who might still ease into thinking just clicking on a checked box is enough: I bet that even MoveOn.org treats the petition drives, to a degree, as tools of engagement ( read: fundraising), as much as one-and-done displays of numeric displays of citizens' good intentions.
That said: thank you for pointing out MoveOn.org's work.
I still like paper letters… and let's not overlook sending these good people actual dollars! Money —as one of our venerable old-time pols in California once famously said— is the mother's milk of politics. (Perhaps gauche and distasteful, but true.)
Online petitions are great!!!!. They can be looked at as practice for the most important action.....voting blue top down!!!!!! There is NO room for any negativity going down to the wire now!!!!
Thanks for the link. I signed the petition.
Thanks Lucy!
Thanks I signed!
Online petitions function as email harvesters. They actually make zero difference unless they are formal petitions in which signatures are collected to add an initiative to a ballot.
Online petitions on the other hand only collect email addresses that are then used by the org or company that then owns them, sold or given the DNC, MoveOn, etc. read the fine print to find out what they are doing with the trove of email addresses they collect.
The poster who said to write paper letters is correct - those are efficacious because they force the aides to open them and when bags and bags of letters come into a senators office or judicial office (better in this case), they are *very* annoying.
Letters could also be sent to the 11th circuit! Creating bags of letters to land in her office would be embarrassing to her, but demanding something be done via the 11th circuit might actually do something. Of course, the best thing to do is get in the streets and *really* embarrass cannon. There are more people to answer to than just trump- the people.
Write postcards instead of letters. Cheaper. No envelopes. Instant read by the recipient. Stamps are $.53 - still outrageous, but that's the fault of Louis DeJoy, the Postal Service's board, and Congress. We can tackle that another time.
Good idea!! Let’s all write postcards! Boom.
I'll sign but when it comes to where these people are, she'll never recuse herself and other Republicans will let her. I'd lay $$ if a betting man, kinda think Dershowitz is advising her!
He's someone else who turns my stomach these days
Thanks David. It is always good to have the numbers because it is a tangible evidence that a lot of people care about the issue. It will influence people, but perhaps not MAGAs who have ignored most of the evidence that everyone else does not think like them because they are not concerned with that. However, I think judge Cannon will be more acutely aware of the eyes that are on her.
Thanks for the link Linda. I just signed.
Thanks Linda,
I just signed.
Signed. Thanks for the link!
Signed
I don’t think she cares about anyone else.
I think that as a human, she is going to be aware that people are organizing against her. That is all in the face of the chance that Trump will be reelected and put her on one of his lists of people to get revenge on. That list is long. I heard Hitlers was 400 people, but he actually claimed to the German people he had only gone after 77 or something like that. Summary executions should concern everyone. Judge Cannon is one of the people who is on the wrong side of history. We stand on the right side as we sign these petitions and speak truth to power.
Same here -- and I'll throw in Judge Kacsmaryk in Texas, who gets all those anti-abortion cases thanks to judge-shopping Republican plaintiffs. Anyone with eyes knows that the legal system has long been skewed toward the white and wealthy, but this seems different: it's not just "skewed," it's being manipulated consciously and conscientiously by individuals and entities of a particular political persuasion -- which has for decades also been working on the political system that appoints or elects the judges. I wish I saw a way out of this. (And no, it's not just "VOTE BLUE." In many states your blue vote barely makes a ripple.)
Susanna, we have a problem. Our system of justice as defined by our Constitution and laws is regarded as the entity that assures our country stays a democracy and operates as intended. That means it has to be apolitical, therefore making re-elections something our federal judges need not worry about. So bending the knee to a political party is not needed. Fair enough. The remedy then for a rogue judge as I understand it is impeachment by the House and conviction by the Senate. Which is a partisan process. This is problematic to me - in a situation where a rogue partisan judge is of the same political party as the party in control of the House, then no impeachment would be expected. And none has. So here we have a highly partisan district court judge, one of hundreds of district court judges - in a classic case of the cart driving the horse - dictating the terms of a hugely important criminal trial against the most dangerous politican this country has ever seen. And doing it publicly out in the open for all to see and for all to be reported by the media. With impunity. This is a 5-alarm fire. It is far more important than what is going on in Manhattan IMO, and should be covered as such by the MSM. Only thing is, I see no remedy for it. A giant hole in our system of government.
So then - what is the motivation? It must be one of the following. This judge might be a died in the wool MAGGOT and this country has alot of those. Willing to do anything and everything to get Trump back in power. And/or she may have aspirations for higher office, and expects Trump to appoint her (and the Senate to approve). What else is there?
What needs to happen - a blue wave this November which takes with it the presidency, the House, and the Senate. Then she gets impeached. This conduct cannot stand. Even if the Senate fails to convict, she will be disgraced and hopefully resigns. Weak, but there is just no legal remedy.
Trump and the ultra-conservative move towards Project 2025 started LONG before the latter got "distilled" into 800 pages of totalitarian rhetoric. The Federalist Society has gone far to obliterate the judicial part of the balance of powers the Founders envisioned.
Ironically, the SCOTUS is weighted with Federalist Society members.
The fix is in.
Obvious that Trump didn't appoint those RWNJ judges: the Federalist Society whispered names into into McConnell's turtle ear, and he made it so.
The Federalist society has become the GOP "farm team" for judges, to use a baseball analogy. The Heritage Foundation has produced their guidebook. Project 2025.
Jane Meyer has put it all into print in "Dark Money." The far right copied the Brookings Institute.
I'll bet she resigns when Clarence Thomas resigns…
Good one
We don’t have the luxury of waiting for an impeachment. By then it will be too late!
But there is no other remedy. Unless Smith appeals to the apelate court. Even then, if they rule in Smith's favor, I don't know if they can remove her given how whe has been walking the tight rope.
I have long said that it won't be ideological or party differences that break this country. It will be the continuing, naked display that the wealthy, famous, and/or connected have a different justice system. That system allows them to find prominent people to publicly support dubious legal theories and defenses, hire expensive and experienced lawyers and publicity people, flood online outlets with their story, and generally prevail in court against the average citizen or avoid legal consequences entirely.
. . . while at the same time rigging the political system and stacking the bench (including the Supreme Court) with judges to their liking. Yep. Money is the 4th branch of government and it's eating the other three alive. Well, the executive branch is holding its own, but it could use some help.
In addition to reinstating reproductive rights for all women, I’d like someone to take a legal hatchet to Citizens United and enact serious election finance reform and a better system to enforce it.
That SOB has no place in the Justice system. His picture appears in the dictionary under the definition of bias.
Impeachment?
Perhaps Judge McAfee can be acknowledged as having taken a personal interest in delay since he is up for election.
I'd thought he was compromised, frankly, because of that
Fani Willis is up for reelection this November, also.
Why isn’t Jack Smith appealing this crooked judge handling this case? She needs to be replaced!
For me, Judge Aileen Canon offers echos of Mitch McConnell’s denial of even a hearing for President Obama’s nominee for SCOTUS, Merrick Garland, only to later do exactly what he said he would do to put Justice Amy Comey-Barrett on the bench approximately two weeks before the November election.
She and Mitch McConnell are prime examples of the corruption that has been embedded in “everything Trump.”
Oh! And this past week we heard that Justice Clarence Thomas took an opportunity to defend himself and his “we don’t talk about these things” wife Ginny. Alas! He also claimed his non-constitutionally center Dobbs decision was written in language the people could understand.
We citizens have been denied justice and expediency now by two actors openly and outrageously taking a “poke in the eye” approach. Yes! Justice delayed is justice denied.
Get out the vote in 2024!
John, We can always count on Clarence being a whiner. That’s what he was doing at the judicial conference this week. And patting himself on the back for all the hard work he does. And he certainly didn’t want all the attention , but he was ‘called to do what he does.’ ‘
Aww shucks…hard to find that kind of humility these days:)
Valere, I love your reference to the hard work he does. I read something recently that says his law clerks do all the work. No surprise there.
Thomas also uses AI and corpus linguistics to write his briefs. So he can throw in marginal, out of context cases so long as they contain words relative to a case he/SCOTUS is working on.
At least then some intelligence is involved....
I believe you, but how do you know that he uses AI?
Hi Susan, In the strictest sense, did Clarence Thomas and Amy Coney Barrett use AI to write briefs: no, they did not sign in to ChatGPT or Bing and write a brief. They have, however, both attended the elite seminars on Corpus Linguistics paid for by Koch. And they both have written briefs with using Corpus Linguistics software (see Atlantic and Huffpost articles). Corpus Linguistics provides the data and insights that contribute to AI development: AI needs Corpus Linguistics. But it is not AI itself. Instead, it is a foundational resource for creating the
intelligent systems that understand and generate human language. So how it works for Thomas and Coney-Barrett, if they want to beef up on of their originalist briefs, they can ask the Corpus Linguistics software for all the prior briefs with the language they need. Then they clean up the citations. No elbow grease (or understanding on Clarence's part) needed. Originalists are not looking to form a theoretical framework with exceptional intellect or insight: the sheer volume of words/content they have produced serves their purpose. Then they can say: "This existed some 230 something years ago and this is how we know the Founders thought. In fact, they thought like I think!! And just look at how often they said these words!!"
I'm sorry for the confusion in my post: I did not mean Clarence sat down with ChatGPT, but he does use Corpus Linguistics and it is well acknowledged that his briefs are written by his clerks. He was reading a brief that he had not written, and looked up and said: "I have no idea what this means." He is a dunce. And that's a tragedy.
Interesting that the three main whiners on the court are also the three most corrupt and unfit!
No shit. Humility is in very short supply for lifetime office holders, as are ethics.
Thomas should never have been confirmed after referring to the confirmation process as a "circus", following Anita Hill's testimony regarding his sexual abuses.
Amen Bob.
With Cannon (I won’t even call her a judge) putting her thumbs on the “scales of justice” so blatantly in this critical time that could dictate the future of our democracy, I think Cannon should be DISBARRED. She has REPEATEDLY demonstrated she cannot remain impartial.
She also appears to be incompetent.
She is purposely slowing down the case. She has shown competence in other cases in the past - so she is clearly biased. It’s called misused power. Do not be surprised if there is a call for her impeachment when we have reelected Biden, and a blue bicameral Congress. Plenty of attorneys on this website are taking notes. My guess is she is willing to throw herself under the bus and get impeached so long as she can keep Trump from being incarcerated to give him a chance to become president. But he’s not going to be elected. We need to impeach her.
She has NO relevant experience for this case! And almost no relevant trial experience at ALL! And there MUST be a CHIEF judge over her who could step in. Though laws are different in every state, most states follow the US Constitution for the most part. I would assume federal court judges have state law licenses?
Exactly. A case of this magnitude demands an EXPERIENCED, COMPETENT, IMPARTIAL Judge. She is NONE of these.
EXACTLY!!! (In law school, we were once told "if you want to get away with murder, go to Florida and avoid Texas"; not sure if I quite understood it even then, but certainly TX does execute a lot of folks and FL is home to a lot of rich grifters. Rick Scott, anyone?)
The cure is impeachment. But that takes a 2/3 of a vote from Congress so we need to re-elect Joe Biden and elect a blue bicameral Congress
I do like this “Cannon (I won’t even call her a judge)”. Doesn’t really clear my thoughts but better than 🤬🤬🤬
Anyone who believes he and Ginny didn't talk "shop" at home still believes in the tooth fairy.
Thomas complaining about the Dobbs decision being leaked was rich. Whose fault was that?
I think Alito leaked it himself.
Why would he?
Every women who values reproductive freedom understood his language: F you.
When the Colonies had enough of the King of England they did something about it. That created the United States. However, my belief is what the country currently faces will require more than getting out the vote. There is a movement guided by an ideology and an agenda that must be crushed. The ballot box is not enough.
The current trial going on in NYC is the least important. However much can be glean from it and the 2 other civil court cases as to who Trump really is. Here in NY and even NJ we've seen these antics and him getting away with them for decades, while the rest of the country was watching The Apprentice. Now we get to see him in the raw, with judges that are not afraid to admonish him.
In regard to the other cases, yes I know there is more evidence of his malfeasance that I would like to see, however I was watching the Jan 6 events in real time,on TV (much like watching planes crashing into towers). I also saw pictures of lots classified documents in a bathroom. These scenes are seared into my head and along with the education I got from school, and my dad, I already know for a fact, he is a clear and present danger to our country. I have all the evidence I need, and come November I will happily give my verdict.
Exactly, Janet. He was guilty from January 6 on. In fact, Mitch McConnell and Kevin McCarthy clearly and unequivocally stated as much on January 7, 2021. And, of course, we all heard Slimy Lindsey Graham say, “I’ve had enough!” Yeah! Right, Lindsey.
I swear these enablers must have had a lot of skeletons in their closets that Trump held. Or, they quickly recognized the Proud Boys and others were a threat to them and their families. Sickening.
Lindsey Graham reversed himself after he had made a trip down Mara Largo to kiss Trump’s ring. And to hear firsthand what dirt Trump had to share with the world if he didn’t comply. The black mail doesn’t come necessarily from US sources (Russia could be giving Trump dirt on members of Congress. Or don-Don could be threatening - Mitt Romney is spending $5,000 per day on security for his family And he has stated that many members of Congress have left because they simply don’t have the funds to buy security. So we don’t know the ring kissers received physical threats or threats of exposure. Don’t forget that Russia is very heavily involved in getting Trump reelected. A bipartisan report from the Senate found Russian interference in 2016 and very likely in 2020. Why would they stop interfering for this election in 2024 in my opinion Trump was illegitimately elected in 2016. And I’m wondering if everything he’s done can be negated. That includes pardons for Steve Bannon, Paul Manafort and other family members and sycophants.
I knew there was a reason I followed you. Yes! Russia is Trump’s friend. Actually almost anyone authoritarian leaders is his friend. It is outrageous that Viktor Orban visited Trump at Mar-a-Lago.
If there’s ever anything left of us after the election, which Joe Biden is going to win, we need to work to have Congress declare Trump‘s 2016 election illegitimate and everything he did after he was illegitimately elected to be withdrawn. That’s the only way to repair the damage. We can’t have Russia, pushing the levers to elect our president. They tried again in 2020 .And here they are again in 2024
Valere, you are as sharp as a tac. I’d add that we need to work diligently and honestly to find a path to “civil discourse” with our fellow citizens. It will be a long, hard road to authentic healing but it will be another essential to our moving beyond this moment. We will not reach some of the players on this journey but we must find common ground with a majority as part and parcel of saving our democracy and constitutional laws. Thank you, again!
Valerie, so great that you believe the Russian thread on our elections in 2016 and 2020. Some people I know always tell me that it was false, that it was never proven. Well it was never proven because Bill Barr shut it down. Robert Mueller could have continued to drill down until he reach Borscht but Bill said nyet.
Or the enablers are just greedy.
And that, too!!
My thought and fears as well!
Joanne, If you were responding to my post about AI/Corpus Linguistics, I posted my response to Susan Jane (scroll up about four posts).
Laurie, apparently there IS something we can do about judge cannon. Glenn Kirshner released this video yesterday about how we can lodge a complaint about cannon’s obvious bias with the 11th Circuit. I plan to do this myself. Perhaps if enough of us do this, they will be forced to sit up and take notice, and do something about it.
https://youtu.be/0MXVfiTa3KM?si=uF3I0GMa26LH_HdV
Cathy - I'm with you. Going to the link you posted ~~ !Thank You!
I am including a complaint against Catch-and-Kill Cannon, the 11th Circuit Court for not addressing this the moment she was assigned to the case (or not removing her name from the "random" list in advance of the case given the reprimand they had to issue for her abuse of judicial discretion involving his initial search for documents), and the Supreme Court Justice who oversees the 11th Circuit Court. This should have been handled on day one. The case should have gone to trial in December or sooner. AND, given how any other individual charged with even one of these charges is handled, the ex-president should have been sitting in jail until the trial.
I am going to repost on Nextdoor.com in my political groups and to the media.
I encourage everyone to repost as well.
That’s AWESOME!! I was hoping that by posting here people would take the information and run with it.
Agree! Cannon seems to be untouchable, just as Trump has been for decades.
Why is she being allowed to continue this charade, and is there anything, we the people, can do to see that she is required move the case forward?
Because Michael - she is indeed untouchable. All federal judges are as long as the party in power in the House is the same party as the said judge. She can act basically with impunity, and apparently all that she can face is a hand slap from the appelate court.
That can't be right! Surely she has to answer to the FL Supreme Court licensing board, at a minimum, if not to the Chief Judge in her district or the appellate court.
True Jay. The cure is to re-elect Biden and elect a blue bicameral Congress to gain a 2/3 vote for impeachment. It may not happen with this 2024 election (to gain the 2/3 needed) but we need to press for that.
In addition, I urge Joyce to help us understand whether the supervising court, the Eleventh Circuit, could step in independently, without a mandamus petition from Jack Smith. Aileen Cannon's bizarre handling of the case has a distinct odor of corruption that potentially undermines confidence in the administration of justice within the Circuit writ large. If justice delayed is justice denied, and the appellate overseers acquiesce in dubiously grounded delays that consistently favor one side, are they not also complicit in denying justice?
Doesn't Clarence Thomas advise the 11th Circuit Court?
Yes, he's the supervising justice.
Yes. I would like to know this too.
What about Smith appealing to Circuit Court to have her removed and replaced? Can that happen? Under what circumstances? Why hasn’t it? Might it still?
See Cathy's (W.Michigan) Response..
This is a microcosm of Trump’s second term. We have to deny him the WH and take back the House. Half of my career was in the classified world and I can tell you that storing and transporting classified documents is critical but it’s not hard and it happens every day. There is no excuse for Loose Cannon’s behavior.
Thank you. I was hoping that Joyce would tell us whether the time is now ripe for Jack Smith to move for Judge Cannon's recusal.
Laurie O. - I agree ... Thank You !!
Well said, Laurie. Judge Cannon knows no boundaries. She calls herself a judge, but that can't be. A REAL judge wouldn't be so partial to a defendant. That, my friends, makes my stomach churn.
My degree was in Administration of Justice. Among the required courses we took happened to be one called "Ethics." A rational person would THINK that someone with aspirations to be a judge (?) MIGHT be required to take at least one three-credit course like we did? If so, either she slept through that one, or found assistance of some kind.
Best said. I have no filter at this moment in regard to this situation. My thoughts are not kind nor sincere😡.
I’d like a response to this and what we can do.
It appears judges are also above the law in those places where they get lifetime appointments. SCOTUS certainly believes itself above the law. Trump so far is above the law, as is SCOTUS. This is a serious gap in our system of govt. It basically leaves assassination as the only out. Not a good thing. Certainly not an intended consequence of the Founders, I would think.
You put it so well! It's agonizingly daunting that there are no higher authorities taking Aileen Cannon to task for her bias, incompetence and contempt for the voting public's right to have the facts laid before them in time to inform their votes in November. The fact that a considerable percentage of the electorate is indifferent, uninformed and unengaged already places our democracy at risk. The matter of holding Trump accountable shouldn't be solely up to the voters. Where are the supervisory professional bodies who should be safeguarding justice?
"Agonizingly daunting" is a spot-on description of our current political situation. Which leads me to think about the book describing the Lewis & Clark expedition in 1804-06 called UNDAUNTED COURAGE. Which is what we'll all need for at least the next decade or two.
So what would the result be if Jack Smith went to the 11th circuit to recuse Judge Cannon.
Apparently Clarence Thomas is the justice who oversees the 11th. So probably nothing would happen 🙄 <- the eye roll is for Thomas, not for you.
I was not aware that Clarence Thomas is the SCOTUS overseer for the 11th district. I don’t think many people are aware of this.
This is a sickening example of the layers of corruption and sycophantic behavior prevalent today and a small example of what would happen if TFG were to regain power.
No Supreme Court Justice is an “overseer” of any District Court Judge, of which Judge Cannon is one. Justice Thomas oversees emergency petitions from the 11th Circuit. No emergency petitions are involved here.
God help us.
oh ugh. that's indeed bad news. Thomas has such a huge chip on his shoulder against anything remotely "liberal" (aka something that makes sense).
I don’t know about a chip on his shoulder. Seems like he simply wants to be among the wealthy & powerful who have no time nor care for we “lesser” types.
This seems like a miscarriage of justice and there should be a way of doing something about it. Americans deserve the outcome of a trial on this before going to vote. Or maybe when voters go to the polls they should just assume TFG is guilty!
(Yes, I'm really disgusted.)
And, what now is beginning to concern me even more than before is why Smith never did anything about Cannon early on knowing she could sabotage the case. He surely knows the ropes. So why?
Lincoln Project ad campaign?
Justice denied … to the People
Vote for democracy
Vote Democratic
He does know the ropes. From what I’ve read, he is having to tread a very thin line here. She is going just so far and not far enough.
Which means she is being puppet-handled by someone behind her. Because she is neither smart enough nor experienced enough to know where those lines are, without someone telling her.
Suzy, she’s plenty smart enough to do this. She went to Duke and University of Michigan law school. She knows exactly what she’s doing and she’s very willing to throw herself on her own spear just to make sure Trump is reelected. One way to do that is to slow down this case so it doesn’t go to court before November 5. But I strongly feel that the DC case on, election interference is going to be heard by Judge Chutkan in September. So we may need to prepare ourselves that this document case is DOA. That doesn’t mean it’s going away. Jack Smith stated in the original indictment that other charges may be filed. If this case is held up, and Biden will be reelected, Trump can look at some new charges because our intelligence can tell us where he sent those other documents and they know what is missing
Absolutely Lynn. I responded to Trudy above. He has one shot: he has to make it pierce her. If he doesn’t, it doesn’t knock her completely off the bench she will rule against him on every single turn.
I can say I am assuming Totalitarian Trump is guilty. That is the thing about being known for doing nothing but lying. No one with any sense will believe anything you say except when you tell us you plan to rival your buddy Putin in running a Totalitarian regime by suspending the rules on the first day. Let us see what Hitler did with his first days in office. This BBC series The Rise & Fall of the Nazis discusses this in episode 3. https://youtu.be/KcfTOKgDdWQ?si=O6xoH9kmD61R8OHM
Thank you Linda. Episode 1 is essential for understanding democratic government disintegration after the infamous German 1920's well documented by German cinema at the time. One film example, 'Metropolis'.
Welcome Bryan. I totally agree with you. Everyone should be brushing up on their knowledge of Hitler coming to power and look at what Mr. Trump is doing. Hitler had to ease the population into his agenda, after he came to power based on totally lying to them. Trump is telling everyone now so that when he comes to power he will not have to waste time accustoming everyone to his agenda (meaning his useful idiots), because he is conditioning them now. I will not go into all of the things that they are accepting, but I am really counting on women to provide a huge backlash. I am still worried that Trump and the Supreme Court will steal the election for him just as Bush and the Court did before. It all sickens me that we accepted that. I have not seen Metropolis for a long time, but I am sure I would look at it in a whole new light. Didn't Fritz Lang emigrate to the USA? He was born in Vienna, and his Jewish mother had converted to Catholicism in 1900 and his father returned to it. They died before the Nazi's rose to power and he was raised Catholic. In any case, he made films in Germany, and immigrated to the USA in 1939, which was after Hitler clued the German people on that he was leading them back to war. This series is both a refresher for me on things I know and filling in a lot of information I did not have before.
Trudy, Smith has to have the kind of evidence against Cannon that would bring her down with one shot. He was very close when she made her order requesting that he and the defense right and opinion for the jury on immunity. Then she backtracked. She’s very very clever. She’s not stupid. But the one shot has to really pierce and knock her out of the ballpark because unless he does, the case will be DOA before it ever goes into the courtroom and she’ll make sure. He sent up a few trial Balloons. I think he’s getting very close to making that appeal. There was enough prima facie evidence to bring the case to trial from day one.
Nope. Thomas does not have that role.
Doesn’t have the role of overseeing the 11th Circuit Court of Appeals? Or doesn’t have the role of dictating what they do? If the former, well that’s a relief. If the latter, my concern is influence rather than direct instruction — it seems implausible that justices don’t exert some degree of influence on their respective circuit courts.
Jack Smith's Team would have to have a potent 11th Circuit appeal to seek recusal as a remedy for the Public's 6th Amendment right in seeing justice fairly administered. I have posted before -- we need Whistleblowers to come forward.
See, Gannett Co. vs DePasquale 443 U.S.368. 383 (1979). the "Public has a DEFINITE & CONCRETE (emphasis added) interest in seeing justice fairly administered."
Mothers' Day Update:
On 5/8/8 the parties agree to UNSEAL Court Filings Nos 117 & 119.
On 5/9/24 after the 5/824 Hearing Judge Cannon instructed "Defendant Trump" specifically what to do next. "On or before 5/16/24 Defendant Trump shall submit under seal on his [Trump's] position on the sealing of his two (2) UNDOCKETED motions ... Trump's position "... shall consist of his proposed "red box" redactions.
I have experienced one (1) Federal Judge in the Northern District of California that was a micromanager but, nothing like Loose Cannon as the matters are easily resolved under the 1980 CIPA itself, FRCP, standing Court Orders or simply under the duties & obligations to the Court of the Federal Bar.
I keep askin':
Did the clerk, Angela Noble, conspire with Cannon to get the case assigned to her?
With the deputy clerks in West Palm Beach?
Has the FBI investigated?
All good questions Daniel. I sent an email to Attorney David Lot as David has done some valuable research on the early departure of 2 of Cannon's 1 year research clerks. I have not seen anything on David's Substack, "General Jurisdiction".
Mother's' Day Update: Daniel as you know doubt already know on 6/1023 HUGO LOWELL reported that that ANGELA NOBLE Chief Clerk, for the Southern District of Florida declared that Judge Cannon will remain permanently on the Trump case unless she "steps down".
Bryan, could Jack Smith re-seat the Grand Jury to question these two law clerks as to why they left, or if they know whether Cannon is purposely stalling to aid Trump? TY, V
Great question.
Bingo! Just saw this after my post …
Bryan, If Lot replies to you and you feel you can share what he says here, that would be much appreciated. Thanks!
It was assigned to her because the procedure is to assign a case to the judge who has handled the issue before. Because this bimbo got the original appeal that she fucked up on so completely she was overruled by the 11th Circuit twice, their procedure there is to give anything further to her as the "judge of record."
The people responsible for this so called "rule of law" need to get their shit together because their rule of law is circling the bowl and they don't seem to realize it or have anything they can do about it.
Not true. Supposedly it came through the "wheel" at the WPB court. "The chief clerk of the courts for the Southern District of Florida added that Judge Aileen M. Cannon had been randomly assigned to the case." https://www.nytimes.com/2023/06/10/us/politics/judge-aileen-cannon-trump-documents.html
She was reprimanded by the 11th Circuit. The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause. “The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.” https://s3.documentcloud.org/documents/23323385/trump-ca11-2022-12-01.pdf
That, standing alone should invoke 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.
Indeed, Daniel. Purposely stalling on setting a trial date to the point that the defendant Trump could call for a mistrial based on being denied a speedy trial is certainly not impartial (she would be throwing herself under the bus for Trump - and that is biased behavior).
Valere, could the 11th Circuit take the initiative to remove Cannon (without Jack Smith requesting it)?
Why couldn’t Jack Smith be proactive and appeal NOW with the fact the trial is not “speedy”?
The citizens of the United States deserve to know the outcome of this case as the election outcome and the future of our country depends on it.
We are in a crisis!
Thanks for the enlightenment. she's still a legal bimbo.
I also read (probably NYTimes), at the time of Cannon's selection to preside over this case, that there were only 3 or 4 judges in the "wheel" at that time - not sure why - but that really upped the odds of her selection.
I think that's part of the rationalization, not the rationale. The 11th Circuit said she was favoring Trump as a former president. That's bias.
https://s3.documentcloud.org/documents/23323385/trump-ca11-2022-12-01.pdf
She was randomly assigned. It has nothing to do with her previous assugnment or rulings.
Wondering now about how Cannon got the luck of the draw on the spin of the Florida wheel with 4 judges' names on it for this case? Sounds like a county fair game I always lost."
Hi Bryan, in Gannett Co. vs DePasquale the 'Public has a definite and concrete interest in seeing justice fairly administered' seems to be confined to public's right to attend pretrial and trial (the request of a public trial is for the benefit of the accused so the public can see that the defendant is fairly dealt with and not unjustly condemned). So will Trump be able to make an appeal based on the fact that the trials are not televised and 'his MAGA public' cannot see the the prosecution? Or is just having the public stand in line and get inside (if they can) suffice? All it seems we (Public) have a right to is a speedy trial and Cannon is preventing that. There are no checks and balances for the public: she is giving everything to the defendant. I think Jack Smith would have the best shot at appeal to go to court if he used the 'prima facie' reason: the legal claim has adequate evidence so that it is reasonable for the court to proceed into trial or judgment. This does not get rid of Cannon. It gets Jack Smith's case to court because that is what is most important. The public has the right to see the case go to court. So if Jack Smith went to the appeals court he would have to be absolutely sure that he had enough prima facie (my new lawyer word) fevidence against Cannon to ask the court to rule that Cannon set a July trial date. The evidence he has is that she is stalling. If the case does not get to jury selection and trial, the public does not have its right to see that the defendant is fairly treated and to see the prosecution present their evidence beyond a reasonable doubt. In the meantime (in my humble opinion) Cannon's stall could be to give Trump the right to appeal on the grounds that 'he' didn't have a speedy trial and since that would be appeal, he would not be in Cannon's court when he made that claim. Could Trump blame Judge Cannon's stalling as the basis for an appeal? That would be the ultimate insult to us. If whistle blowers came in to testify that Judge Cannon was purposely stalling, what does that do to the case? Give Jack Smith grounds to call for a replacement for Judge Cannon? Or does that help Trump ask for a mistrial because he did not get a speedy trial (I think that could be Cannon's agenda. She is throwing herself under the bus for Trump).
Nobody wants to second-guess Jack Smith. He has probably thought of all the less than straight forward reasons behind Eileen Cannon's pretend judging. I do not think he cares if she stays or goes away: he wants his case to go to court. But why not appeal with the prima facie evidence given to the appeals court to force a July trial date?
Valere , thank you for such long and researched post. I wonder if Jack Smith is not thinking along your post.
He has been writing very little on Twitter recently which is what happens when he is focusing on a special move.
He is wise and careful on the few options he has.
Cannon is doing exactly what trump wants: delay, delay, delay. He has absolutely no desire for a speedy trial, because he doesn't want real justice. He wants absolution, which in this case is clearly not justice.
A novel theory but this issue concerns the district (trial) judge’s docket management (however inefficient) in a complex classified records case and therefore not a legitimate ground for appeal to the 11th Circuit.
Oh pooh Laura!
But thank you once again for the legal grounding. Is the case DOA? I would really rather know than to try to keep hope alive where there is none. Do you see a way forward? To me stealing classified documents and possibly handing them off is the worst. Such a threat to our nation.
Valere, don't shoot the messenger, lol! Time will tell. I think the classified documents case is the strongest one they have against Trump, especially in light of the obstruction efforts by Trump. Quel dommage if it never is prosecuted.
Indeed - a tragedy if it is not prosecuted. But I don’t know that everything has to hinge on being prosecuted before the election. I strongly believe we are going to reelect Joe Biden and these cases can be tried after November 5.
Also I contend the Gannett decision has no relevancy in the documents case.
Connie, Was this for me or Bryan McCowan? I was responding to him, re Gannett. He’s a prosecutor from SF - and always has an instructive take on things. So I’m waiting to hear back from him, that I’m wondering if he sees way forward without an appeal.
Her clerks who resigned?
Sheila, my question is, why have so many resigned?
Out of curiosity I looked up the case you cited. I don’t claim to be a Constitutional scholar but the question taken up by SCOTUS was (according to Justice Stewart who wrote the opinion) whether members of the public have an independent constitutional right to insist upon access to pretrial judicial proceeding, even though the accused, the prosecutor, and the trial judge all agreed to the closure of the proceeding in order to assure a fair trial.
Basically the Court upheld a lower court ruling that the public has no right to attend criminal trials, and that the exclusion of the press from pretrial proceedings was constitutional if used to ensure a fair trial for the defendant. The case was decided under the Sixth amendment.
Apparently there was tremendous backlash from the media and the judiciary and set up the ruling a year later in Richmond Newspapers, Inc v. Virginia (1980) holding the First Amendment creates the right of access for the press and public to criminal trials.
I could not find any discussion of the public’s right to “seeing justice fairly administered” as a holding. Sixth amendment rights belong to a criminal defendant - they do not belong to the public.
Again, I am no constitutional scholar but I could not find anything in the Gannett case that would even remotely apply to the Trump documents case or provide Smith with an appeal to the 11th circuit.
I would contend, however, that we should be thankful the holding in Gannett is not good law and that the Richmond case, decided on 1st and 14th amendment grounds (not the 6th amendment as in Gannett) was distinguished - otherwise neither the public or the press would be allowed to observe or attend the Trump criminal trials as Trump would certainly demand closed hearings as would be his right under Gannett.
I do have one question - what would a whistleblower provide in this matter?
As I understand it, from the weekly podcast “Jack” with Andrew McCabe and Allison Gill, there is a high bar on getting a judge recused . Technically it has to do with court orders, which she has been loathe to do….just shadow dockets, and decisions on motions or setting of hearings on motions which she could dispense with. Smith has repeatedly stated in all his briefs that the Speedy Trial Act is not just for the defendant, but the People. Beyond that, I don’t have any answers, but it’s all extremely infuriating.
See Cathy's (W. Michigan) Response..
This makes me ill. The casual corruption is staggering - these are our national secrets, and those of allies reportedly, that our former president showed to heaven knows who. Waltine Nauta, reported sexual harasser and valet to the defendant, had photos of some of them on his phone! Yet it would seem that We the People who obey the laws of our country willingly have no rights, nor any recourse whatsoever, in seeing this resolved. Instead the case is held hostage by one judge appointed by, and by all indications in the pocket of, the defendant who appointed her. There oughtta be a law against it!
We’ll make one: We the People will “convict” the Defendant at the voting booth in Roevember.
Vote Blue, full stop.
He will be convicted at the voting booth! Common sense dictates it. Although in the GOP it appears there is no common sense or at least it is rare!
Yeah. Like we did in 2016? The People do NOT rule in this country, which is NOT a democracy when it comes to the presidency.
I hear you—the Electoral College determines the president, with the votes of the people having only an indirect impact. We just have to VOTE BLUE in even larger numbers (like in 2020) so more states line up with democracy.
Cannon isn't even trying to hide her intention to kill this case anymore. She should be removed.
So blatant as to be illegal.
It is no longer surprising to see Judge Cannon do all she can to favor Donald Trump at the expense of being an impartial and objective jurist. What is surprising, though, is watching her fellow judges in her district and in her Circuit stand by on the side-lines to allow and even enable her to so pervert and abuse her judicial position to proactively favor the defendant who appointed her to her job. She has turned her Circuit into a sewer of corruption.
She has indeed tainted the whole FLorida judiciary. But then look who runs Florida.
She’s a federal judge located in Florida, not a state of Florida judge.
The entire state is polluted by extreme right-wing Republican zealots.
I read that Cannon will hold a hearing in June to determine the legitimacy of Jack Smith as Special Counsel. That she has time for!
Joyce—Please tell me there’s something that can be done to remove this dishonorable “judge” from the case and get it moving along.
Hi Ginni, Where did you read this about Cannon determining the legitimacy of Jack Smith as Special Counsel? It was up to Merrick Garland to appoint Jack Smith and he has every legitimate right to do that. Jack Smith was at the Hague, prosecuting former heads of state war criminals (Thacci, former Kosovo president, for allegedly removing body parts from his political opponents and selling them. Thacci is in prison at the Hague, things have not gone well for him). Cannon has no jurisdiction over the Attorney General.
Yes, it looks as if the GOP is coordinating attacks on Jack Smith in concert with Trump.
A group of prominent Senate extremists (Cruz, Cotton, etc.) recently threatened The Hague with action against that Court if it investigated Netanyahu for war crimes in Gaza. They go on to assert that if the Court were to proceed, the U.S would deny any member of the Court entrance into the U.S.
In the first instance, it seems beyond odd to see a small circle of the Senate suddenly turn its attention to The Hague’s deliberations. It also seems implausible to me that five or six Senators would have the authority to announce such a threat much less carry it out. So I saw this as a not-so veiled threat against Smith if he were to return to The Hague. It’s an option, I think, if unwarranted delays on the immunity question structured by the Supreme Court and Clarence Thomas’s hold over the 11th Circuit in the espionage case were to stop the trials for an indefinite period, should DJT throw the results of the election into chaos.
.
I think you have a point about the Florida case in light of the gaming that took place in the New York hush-money trial yesterday: Necheles refusing to object to Daniels’s salacious testimony during direct, then Todd Blanch asking asking Judge Merchan for a mistrial over the prejudicial nature of Daniels’s statements.
In Florida, we have the same tactics at work. Trump’s team may indeed cause delays (aided by Cannon) only to exploit the delays as a basis for a mistrial using the argument that a speedy trial had been denied Trump owing to some spurious action taken by the Government. Only in this instance, instead of pointing out the absurdity of their argument, as did Merchan yesterday, Cannon will rule for Trump, if past is prologue. Game over.
Hum… an idea. If Trump’s head was shaved before entering prison, I wonder what his hair would go for at auction.
They’d be declared hazardous substances and subject to EPA Supervision.
No Lynell. The Hague victims are alive and some of their relatives who missed body parts are deceased. It's not appropriate to make jokes about this. I posted to show the experience and credibility of Jack Smith in prosecuting war criminals and despots. He is not only qualified in those areas, he is qualified to prosecute an ex-president who allegedly stole classified documents and conducted election interference - and has stated publicly that he 'gets along well with dictators.' I'm not sure why anyone would find it appropriate to make a joke about harvesting body parts and selling them off, no matter who or which political party they are part of. Our common denominator has to be better than this. I asked Bill to withdraw his comment.
Bill, I think your attempt at humor at the expense of still living victims of Thacci, who was only arrested by Jack Smith as he boarded his plane to fly to meet Trump at the White House on election eve November 2020 to be in poor taste. Please delete the comment. Piggy-backing on the unfortunes of others to make humor is poor. And these victims (some died with relatives afraid for their own safety agreeing to testify only after Jack Smith and his team took the time and care to establish trust. Some of the victims who testified against Thacci are still living, missing organs. And as they testified against this monster, his supporters were loudly protesting his arrest outside the Hague).
Ugh. What a repulsive thought.
Not much!!
Trump asked for review of Smith's legitimacy, so she put it on her list of motions to be resolved before proceeding. It's simply another delay tactic. Anyone else (well, mostly) would have simply dismissed it.
I can’t recall where I read it because it was a few days ago. I also thought it odd and wondered how she would have that power.
She needs to be "guest of honor" at a single car fatality.
Naughty boy, TCinLA:-)
You do say things my mind spins around when her nightmare name appears. She’s a blackhole. Dante would have a field day with her and the other maggot injustices.
Thank you, Thom.
Hahahahahahahahahahaha and sell body parts to raise funds for charity.
Sheesh, TC.
Is failure to reschedule the trial grounds to file a writ of mandamus now? It seems like all these delays to rule or reject various specious filings taken together with a lack of a new trial date would demonstrate that she isn’t serious about ever trying this case.
And thanks Joyce for explaining this to those of us who follow the law but never went to law school. Also, chicken pictures are always welcome.
I went to law school. Florida law still baffles me. And federal law is again different. But the American People really really do need to clean up the judiciary loopholes, beginning with a few removals at the top.
This is a federal case being held in Florida
This is so disturbing…
Cannon is either auditioning for a SCOTUS appointment or VP consideration. Her blatant butt kissing is disgusting. Dems need to make her an example of the type of sycophant TGF will appoint if re-elected.
Why would she want to be veep? She has a lifetime job that her ineptitude doesn't seem to threaten. And there's a pretty good chance Trump will lose.
Yes, agreed. But one should never underestimate the hubris of a trump groupie.
Trump needs her on the Federal Bench
She's auditioning for SCOTUS, at some point Thomas is going to want to step down or Jackson May have to.
Why would Jackson step down?
She has health problems related to her diabetes.
Oh my. Thank you.
Pernicious is the word that keeps bubbling up… thanks for a very thorough review of this!
What a travesty of Justice is an understatement!! My heart goes out to our brave Jack Smith and those along side him who have been fighting so hard to do what's right!!
Damn that woman and damn Trump too!!! Thank you Joyce as always for keeping us informed. It is discouraging to hear but not surprising in the least. 💔🇺🇸💙
So, why, if she's overly violating statutory requirement of Speedy Trial Act, can she herself not be indicted? Is there now also a secret immunity for judges? Quis custodiet ipsos custodes?
Most states have a judicial conduct commission. The "watchers" are the investigators with those commissions. The watchers of the watchers are twofold: you, John Q Public, and the commission members, who are typically volunteering for resume' purposes. Am going through this right now myself. Watchers don't want to look very deeply, because corruption is endemic. Casual corruption is this era's Weltanschauung; it's everywhere where power is.
Hi Brooks, Here's the complaint website. A number of us are filling out citizen complaints.
https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum03MAY16.pdf
Are grievances considered if they come from addresses outside of the 11th Circuit Court? I have plenty on my plate....
Who can we contact to object to her conduct which is blatantly impartial toward Trump?
Joyce, were you grinding your teeth while writing tonight’s newsletter? If Cannon isn’t being advised by the Heritage Foundation as to what to say, then who? She is just a plant, a fake for Trump. Being that the 11th Circuit Court is overseen by the one and only Clarence Thomas, we are up against a brick wall. Trump may walk, God forbid. He is a traitor to his country. I keep thinking to myself about the old adage “good things come to all who wait…” and I just want to remind everyone that his highness will not live forever. I just hope to be around for his demise.
Morning, Marlene! My thought is Biden can win by an "unprecedented" landslide and still our troubles will be far from over. The Grim Reaper will go a long way toward balancing the scales, IMO.
She needs to be bench slapped..
Good one!!!
Knowing how reluctant licensed attorneys are to criticize judges, I applaud Joyce Vance for telling it like it is. Telling the truth. So-called judge Aileen Cannon has taken us down the road to the banana republic. We’ve arrived.
When will I awake from this nightmare? ALL OF THIS is way too scary.
Clare, over and over I think the same. When will this nightmare end?
We're all thinking that.