#cannon should recuse herself

[heart2heartroses2u]

On point about Cannon

It’s a disgrace to have corruption within our Supreme and Federal Court. If Cannon is incompetent to do her job in servicing the peoples court, not Trump’s court, she should have recused herself sense she can’t separate her duty to the people from Trump. We know why she did not. She’s doing Trump’s bidding

[soberscientistlife]

Judge Cannon should recuse herself but that will never happen

[ecoamerica]

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[wilwheaton]

Under binding 11th Circuit precedents a case should be reassigned to a different judge if, among other reasons, the original judge would have “difficulty” setting aside her previous views and findings and reassignment would not result in a waste of judicial resources. Those factors clearly weigh in favor of reassignment here, due to the difficulties that Judge Cannon will likely face in diverging from her previous unorthodox and wrongful rulings benefiting Trump. This is the path that appears most likely to be pursued if Judge Cannon is to be removed, because her approach thus far suggests that it unlikely that the judge will recuse herself. DOJ might choose to make the case in a recusal motion that it would be better for her and everyone concerned if she stepped aside. In just about any other high-profile criminal case, if a trial judge were to err in the direction of excessive leniency favoring a criminal defendant in a preliminary hearing and were reversed on appeal, law-and-order conservatives would be the first to say that trial judge had a conflict and should be removed. That judge’s reputation would be on trial. Impartiality would be too dubious. The same is true here.

Trump indictment: How to force Judge Aileen Cannon off the case.

[schraubd]

Loose Cannon

Judge Aileen Cannon has been assigned to oversee the criminal prosecution of Donald Trump.

I've seen enough high-profile political cases to be familiar with a very specific script that gets written about the judge assigned to the case. Pretty much without fail, you'll get a passage that reads something like the following:

Judge Smith is a veteran judge who ascended to the bench after fifteen years in the U.S. Attorney's office. He has a reputation for being no-nonsense and demanding a tight ship at trial that includes rigorous questioning of attorneys on both sides.

"He doesn't tolerate a lot of guff," said one attorney who had practiced before him for many years. "You won't agree with all of his rulings, but he's universally respected."

This template is so common I've begun to wonder if it's reflex (not every judge can be "no-nonsense"!). Which makes it all the more striking that nobody -- nobody -- is writing lines like this about Judge Cannon. They weren't writing them even before she went 100% YOLO in trying to block the Mar-a-Lago investigation; they certainly aren't writing them now.

Since the news broke, I heard folks suggest that Cannon was only assigned to the preliminary aspects of the case, which appears untrue. Then I heard other folks assert that Cannon likely will be forced to recuse herself from the case. And honestly, I'm dubious about that too. 

To be clear: Judge Cannon absolutely should recuse. Her conduct in the Mar-a-Lago case suggests that she's so completely in the tank for Trump that there's no possibility that she'll be perceived as impartial. But if she was the sort of person who could be shamed into recusing just because it's the right thing to do, it wouldn't be as much of a problem if she didn't recuse.

The fact is our judicial system is not well-equipped to handle a problem like Cannon. The problem is not that she was nominated by Trump -- two of the three 11th Circuit judges who bench-slapped her Mar-a-Lago catastrophe into oblivion were Trump appointees. The problem is that Cannon, specifically, is a complete hack who's decided that her job as federal judge is to be Donald Trump's offensive line.

For very good reason, our judicial system starts with a healthy presumption of impartiality on the part of its judges. We don't let either party force out a judge just because they don't like their lean. Recusals are easiest to justify when the judge has a direct financial stake in a given controversy, or when they're close personal friends or associates with a party. These sorts of connections give everyone a face-saving option -- the problem isn't actual bias, but the appearance thereof; one could be as pure as driven snow and still agree that it is a sound policy to not preside over a case where your best buddy is being charged with a serious crime.

Unfortunately, other than the fact of her nomination Judge Cannon doesn't have those concrete ties to any party here, which means that there's no hiding the actual issue on the table. Judge Cannon needs to recuse because Judge Cannon is, in relevant respects, incompetent. I say incompetent not to suggest that her mistakes stem from ignorance rather than malice; rather, an important part of Judge Cannon's job is to administer the law fairly and impartially, and she has demonstrated herself to lack competency in that dimension of the judicial role. Hence, she cannot be trusted and is not qualified to preside over a trial like this one, with a defendant for whom she's already shown herself to be incapable of adjudicating impartially.

But once again, if Judge Cannon was the sort of person capable of recognizing that shortcoming, she likely wouldn't have it. There's no clear face-saving out where one can disclaim actual bias but recuse for prudence's sake, and there's no universe in which Judge Cannon agrees "I was so egregiously wrong in the Mar-a-Lago case that one can't help but infer I was biased." Which means it is up to an appellate court to make that determination for her, and needless to say, that's a very awkward proposition which appellate courts are going to be loathe to undertake. 

Appellate courts are not prone to saying "this case must be stripped from this district court judge because this judge is in general too biased to handle it." The closest one sees to that sort of ruling is when a case is stripped from a lower judge after repeated obstinance in refusing to implement appellate orders, and that is exceedingly rare. Even assuming that the Mar-a-Lago reversal should count towards such a showing in the criminal case, the problem with Judge Cannon's ruling there wasn't really that of repeated lower court disobedience of superior court mandates. It instead stands out because of Judge Cannon's absolute, rancid lawlessness. But again, our system is not well-built to account for the possibility that an Article III judge might as a general matter -- not due to financial stakes or personal connections, but purely as a matter of ideology -- be congenitally incapable of ruling in accordance with the law.

It's a similar problem to the situation with those single-division Texas judges. The thing everybody knows and everybody is thinking -- that the problem is that these judges are utterly and completely in the ideological tank such that law simply doesn't matter for them anymore -- can't be uttered out loud, at least not in a formal proceeding. On the outside, everyone knows that's the problem. But in a filing, you can't come out and say "judge, our basis for recusal is that you're a lawless hack." And since that is, at the end of the day, the problem, whatever alternative basis you try to hang your hat on will ultimately be a poor fit that probably won't end up justifying recusal. The structure of Article III life tenure means that placing a hack like Cannon on the federal bench is an irreversible mistake.

So count me skeptical that Judge Cannon will recuse herself, and count me skeptical that any superior court will force her recusal, at least immediately. Unfortunately, the reality is we're likely stuck with Judge Cannon and whatever hijinks she comes up with to justify torpedoing this case -- at least for the foreseeable future.

via The Debate Link https://ift.tt/qbk4rVJ

[dublu51]

Aileen Cannon should recuse herself from the Trump documents trial. There is an obvious ethical problem for her to continue in that role.

[ecoamerica]

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[yamimichi]

She needs to be removed from this case NOW. It should never been given to her. She clearly can't be impartial.

[truck-fump]

Opinion | Judge Cannon should recuse herself from the <b>Trump</b> case - The Washington Post

New Post has been published on https://www.google.com/url?rct=j&sa=t&url=https://www.washingtonpost.com/opinions/2023/06/30/judge-cannon-should-recuse-herself-trump-case/&ct=ga&cd=CAIyGjUzM2UwMTY5ZmFhZTIwMGQ6Y29tOmVuOlVT&usg=AOvVaw1MfpZpCOZsNCSyp-QzIGIu

Opinion | Judge Cannon should recuse herself from the Trump case - The Washington Post

It appears self-evident that no judge should ever preside in either a criminal or civil trial involving a personal interest of the individual who …

[rebeleden]

Some want judge to recuse herself in Trump case. Can and should that still happen?

STOP VANILLA ISIS

[soberscientistlife]

This is why Judge Cannon should recuse herself.

She needs to be removed from the case if she will not recuse herself.

[truck-fump]

Some want judge to recuse herself in <b>Trump</b> case. Can and should that still happen? - Miami Herald

New Post has been published on https://www.google.com/url?rct=j&sa=t&url=https://www.miamiherald.com/news/politics-government/article276631871.html&ct=ga&cd=CAIyGjUzM2UwMTY5ZmFhZTIwMGQ6Y29tOmVuOlVT&usg=AOvVaw18mdQ62cB-nVNSPfOmwojM

Some want judge to recuse herself in Trump case. Can and should that still happen? - Miami Herald

U.S. District Judge Aileen Cannon has moved quickly to take control of the Trump documents case in South Florida, ignoring calls to step aside …

[truck-fump]

<b>Trump</b> shouldn't have his Mar-a-Lago search case heard by judge he put on bench

New Post has been published on https://www.google.com/url?rct=j&sa=t&url=https://www.msnbc.com/opinion/msnbc-opinion/trump-shouldn-t-have-his-mar-lago-search-case-heard-n1298518&ct=ga&cd=CAIyGjUzM2UwMTY5ZmFhZTIwMGQ6Y29tOmVuOlVT&usg=AOvVaw3TBX-UJmxitlOPt7YYmQIQ

Trump shouldn't have his Mar-a-Lago search case heard by judge he put on bench

U.S. District Judge Aileen Cannon, who was appointed by Donald Trump only two years ago, should recuse herself and not rule on Trump’s request for …