Aileen Cannon Dismisses Stolen Documents Case Based on Special Counsel Appointment
Here’s the 93-page opinion, which I’m still reading.
Procedurally, this may actually not help Trump in the way he’d like (because DOJ has the option of appealing it or having a US Attorney charge Trump).
But it’s also hilarious, since Aileen Cannon has been treating herself like an Appellate Judge that she hasn’t been confirmed to be.
Update: One thing Cannon appears upset about is Merrick Garland’s invocation of Section 533, which appoints FBI-like figures.
Special Counsel Smith argues that Section 533(1) confers on the Attorney General the authority to appoint special counsels, specifically, constitutional officers wielding the “full power and independent authority . . . of any United States Attorney.” 28 C.F.R. § 600.6. After careful review, the Court is convinced that it does not. Congress “does not . . . hide elephants in mouseholes.” Whitman v. Am. Trucking Associations, 531 U.S. 457, 468 (2001). Special Counsel Smith’s interpretation would shoehorn appointment authority for United States Attorney-equivalents into a statute that permits the hiring of FBI law enforcement personnel. Such a reading is unsupported by Section 533’s plain language and statutory context; inconsistent with Congress’s usual legislative practice; and threatens to undermine the “basic separation-of-powers principles” that “give life and content” to the Appointments Clause. Morrison, 487 U.S. at 715 (Scalia, J., dissenting). The Court explains below.
33 Order No. 5730-2023 (appointing David C. Weiss); Order No. 5588-2023 (appointing Robert K. Hur).
That is her only mention of Robert Hur, whose appointment would be unconstitutional under her theory as well. (I’m still trying to figure out whether Cannon will help Hunter Biden go free, too.)
Update: Okay, I’ve read the thing.
It’s hilarious.
It’s hilarious, because it doesn’t create any delay that Cannon was not pursuing anyway. Indeed, Jack Smith could immediately appeal this and try to get her tossed, so it may hasten things (unless Trump wins!).
It’s hilarious because it is unbelievably hubristic. The only credible future for Judge Cannon now is Trump’s first SCOTUS appointment in a second term.
It’s hilarious because the way she did this, if it were upheld (not an impossibility given how nutty SCOTUS has gotten), it would be even more useful for Hunter Biden than Donald Trump (especially if Trump didn’t win reelection), because the statutes of limitation on Hunter’s alleged crimes have started to expire.
Update: Jack Smith has announced he will appeal.
OMFG. At least this ridiculous decision is appealable.
I looked at the news this morning thinking “at least it can’t be any worse than yesterday”.
I guess I forgot that where Trump is involved, the news can always be worse.
Edit: ORDER GRANTING MOTION TO DISMISS SUPERSEDING INDICTMENT BASED ON APPOINTMENTS CLAUSE VIOLATION
They will probably refile this case and without Project 2025 Judge Cannon and Uncle Tom who helped her write that dismissal
WHAT?! Not seeing this yet on mainstream media, where everyone is obsessing over the motives of a dead 20-year-old would-be assassin who didn’t seem to write anything down. And when you say “here,” where? I don’t see a link to the document. (If that’s just me being stupid and missing it, please forgive.) Update: Yep, now it’s appearing everywhere.
Breaking in WaPo and NYT.
“Breaking” heds on WaPo, CNN now
Couldn’t Garland bring charges himself as the Congressionally confirmed Attorney General?
Marcy (temporarily, I’m sure) forgot the link to the opinion. Here it is:
https://www.courtlistener.com/docket/67490070/672/united-states-v-trump/
Thanks!
Senior moment, just like the President.
“Come on, man!”
Marcy, I said that in my bank last week. Then suddenly everything went very quiet. I imagine if someone had lit a match, the whole place would have gone up. Very tense. Ruined the mood. Scary. A long hot summer here.
If there is anyone who has earned the right to forget anything that Judge Cannon writes as quickly as possible, it’s you!
Likely timing her ruling to use the assassination attempt as cover.
And allowing him to claim “total exoneration” at the convention. This being (in my opinion) the probable reason for her timing. With the assassination attempt being convenient “cover” in the national consciousness but not something she could have planned for.
“but not something she could have planned for.”
Haven’t things stranger than this happened?
Would have been drafted and teed up for the Republican Convention. The attempted assassination was a bonus.
Exactly.
Someone just earned herself a hefty gratuity, n’est-ce pas?
Perhaps a trip to the South Seas on someone’s yacht or maybe a nice new RV.
Anyone have eyes on Harlan Crow’s checkbook?
:p
A “tip” for services rendered. Everyone can get those; just some can get them in spades.
Well, he dodged another bullet.
Who knows if he will get hit by a proverbial shard of glass…
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INAL, but it sure seemed to me that this case was by far the strongest, clear cut case against Trump.
Can the 11th circuit smack this down as well, or is her dismissal of the case not appealable?
Per Marcy, yes, the DOJ can appeal this.
I doubt the Eleventh Circuit will give her the time of day. And if she knows that, why is she dismissing the case before the jury is seated? (Whose side is she on here? — not sure that’s a useful question, but if it lands in the court of judge who wants to schedule things intelligently Trump could be in trouble.)
The side she’s on is the Federalist Society and, probably, Donnie.
I also have doubts that the Eleventh will agree with her logic, in which case Trump can appeal up to SCOTUS, which will not resolve the case before the election. In any event, it seems very unlikely to me that the Eleventh will remove Cannon on this basis now that Thomas has issued an opinion endorsing her logic.
If upheld, I think it would call into question every case brought by every special counsel in the last 25-30 years. Convictions would need to be overturned – not just Hunter’s, but all those flowing from the Mueller investigation and I’m not sure how many others. Agree that this seems unlikely, though if it reached the current Supremes, who knows? (It won’t, of course, if the former guy gets back into office and quashes the prosecution. Not enough time for that.) Her main goal, I’d guess, is to continue running out the clock.
https://www.waynemadsenreport.com/articles/march-15-2024-trump-nominated-mobbedup-judge-aileen
I know, but there appear to be serious mob ties between her husband and Trump…
The order dismissing the indictment in toto is a final decision within the meaning of 28 U.S.C. § 1291, appealable as of right to the Court of Appeals.
At this point I’m over this Cannon and $COTU$ bullspit. One of two things is going to happen. Either Biden defeats Trump in November and the world is saved. In which case, Trump can fade away forever as far as I’m concerned. Or, Trump wins and makes everything disappear.
Since nothing trial-wise is going to happen between now and then, I suggest that Garland should direct that Smith turn in his reports and all evidence pertaining to January 6th and the Mar-a-Lago cases and make all of the damning details public. Then both chambers of Congress can grill Smith on TV over the specifics, if they so desire.
If these cases are never going to be tried in a court of law due to judicial corruption, they damn sure should get tried in the court of public opinion BEFORE THE ELECTION.
I agree.
Let the people know how reckless Trump has been with national defense information.
My instant impression was this was bad for Trump. Now DOJ can revamp their case in a separate jurisdiction, or refile with DOJ staff or appeal and have the case shifted. It really feels to me like Judge Cannon decided it was time to bail and took the opportunity
That’s pretty much my reading of things.
Thanks.
She wanted out with her MAGA credentials intact. For the defendant, no jury was impaneled and not trial began. No jeopardy attached. What do the other more qualified criminal attorneys think?
If DOJ refiled with its own staff, wouldn’t it make it that much easier for Trump to make it go away if he wins?
Wow, that ran thru my mind as well. She has been getting criticized by everybody but republicans. Maybe she decided this was her out.
Perhaps she will be the special guest speaker at the RNC.
Topic: Legal to Steal Government Classified Documents Stored in the Bedroom and Bathroom.
Quick witted response
Very well done
Thanks
it’s not like we didn’t know this would happen. The mechanism of it was a mystery, but it probably took the FedSoc grad students a while to figure out this “loophole”
Never let a good crisis go to waste, eh Judge Cannon?
I’ve been a lawyer for 35 years, yet I find lately that I have no idea what “the rule of law” means anymore. Time to retire.
The fundamental BELIEF of THESE PEOPLE is that THEY rule the world.
Yes. Yesterday, I watched “Bad Faith,” a poignant and powerful documentary on Prime Video (99 cents) exposing Christian Nationalism, the most powerful anti-democratic force in America.
The current day assault on democracy did not begin with Trumpism. It did not begin with the Tea Party. It did not begin with the Moral Majority. It did not even begin in this century. The current day assault on democracy began with the White Supremacy Movement in the 1960’s as part of a shrewd, calculated, and well executed plan that became cloaked as a religious movement.
Sounds like Bad Faith would make an amazing much needed “Watch Party” campaign nation-wide starting THIS WEEK!
https://www.badfaithdocumentary.com/
YES! Thanks for the link.
I too saw that documentary. To my utter shock, one of the speakers (member of the church with an American flag for a roof) was an election officer I was assigned to as a poll worker. He was an idiot and put forth his conspiracy theories, among other election flagrant faux pas. The Commission fired him. But when I saw him in Bad Faith, it all made sense.
There is no such thing as a Conservative Christian.
The only thing the American “Conservative” movement has tried to conserve for the past 200 years is what they see as the god-given right of white people to eat, steal, spoil, fuck, or kill any damn thing they please.
The Civil War has never ended.
Quinta Jurecic notes that “the dc circuit already upheld the constitutionality of mueller’s appointment in 2019” and links to her article about that: https://www.lawfaremedia.org/article/conway-v-calabresi-dc-circuit-upholds-constitutionality-muellers-appointment
Cannon touches on this in passing.
LOL, this case should never have been brought in SDFL to start with, that was a total cock uo by DOJ/Smith. If it need be refiled, it should be in DC, if they are willing to do it right. Oh well…
Regardless of where the case should have been filed, the opinion Cannon wrote still has to stand on its own. Will it? Should it?
Zirc
No, it does not, the case has been dismissed. Special counsel appointment has already been upheld in DC.
So you’re saying Smith could just refile in D.C., where he is still indisputably Special Counsel, and life would go on?
Do you understand why Jack Smith filled in SDFL?
My take is that he has a strong case, and wanted to prove that Florida will convict, so Trump could not claim it was politically motivated.
Given the Supreme court ruling on immunity now, it was a miscalculation on Jack Smith part.
I just hope you’re the only one in this space who finds this horrifyingly slow-motion coup so amusing. There are far larger Russian nesting dolls than your small need to cling to credibility. I’ll bet some people would even appreciate your insights beyond the superficial counterfactual world of what non-idiots like you would have so reasonably done. Meanwhile, I will continue to have more faith in Jack Smith’s commitment to democracy and rule of law than anyone whose first and last response to every setback is LOL. Emptywheel’s use of the word “hilarious” is championing democracy. Yours is championing yourself.
It has long been obvious that Cannon has been throwing sand in the gears of the documents case.
Consequently, no reasonable voter should have had any expectations for accountability for Trump’s criminality to have arrived from the SDFL in time for the election or at all.
This ruling is not a surprising set back but a particular outcome within a range of possibilities long foretold.
The Federal Court system is one terrain over which there is a decades long conflict of position and manoeuvre , concerning power and authority, and where the fundamentals of the rule of law have been and will be at stake.
Bmaz has long pointed out why he believed the bringing of the documents case in SDFL was a strategic error. (Note no-one has ever challenged that DC was a proper venue to begin the investigation into the crimes at issue).
Why do you consider that reminding people that now may be an opportunity to correct that strategic error is inappropriate and/or small minded?
I don’t agree that no one has challenged the idea that the DC venue was superior to Florida. There’s been plenty of reasoned debate. But my comment was based entirely on pent-up personal frustration with bmaz’ pattern of apparent delight for chaos if/when it supports his previous pronouncements about the idiocy of someone doing their tough job in the midst of an unprecedented fascist trajectory. I suspect my comment was unhelpful, so I will attempt to ignore his in the future. I come here because I am interested in the voices of those who actually recognize the implications of the ongoing meltdown of Constitutional norms.
HarryNLeadbelly
July 15, 2024 at 3:55 pm
“I don’t agree that no one has challenged the idea that the DC venue was superior to Florida”
You seem to have misunderstood the point I made about venue which was
“Note no-one has ever challenged that DC was a proper venue to •begin the investigation• into the crimes at issue”
DC was a proper venue to instigate grand jury proceedings.
Who has challenged that
A) within the proceedings in DC
or B) otherwise?
When Trump appointed Cannon to his Circuit after he’d lost the 2020 election, he was assured she would follow directions.
The timing of this is a Trump campaign tour de farce. Now throw up all the documents in front of his nicked face and continue to press the case forward.
The leadership of the Federal Society has been working in collaboration with Judge Cannon and Justices Thomas and Alito to dismiss this case since it was assigned the second time to Cannon. Consequently, Cannon’s ruling today is no surprise.
Until Justice Thomas’ absurd opinion was released on the Trump Immunity ruling on or about July 1, the Federalist Society leadership and Cannon intentionally delayed a handful of separate rulings and this ruling today until the time was right.
Today the timing was right for a number of reasons, including the RNC Trump coronation convention this week.
The 11th Circuit has undoubtedly already received intense pressure from the Federalist Society leadership and Justices Thomas and Alito not to overturn today’s ruling by Cannon.
The 11th Circuit will not overturn this ruling.
I agree that this is a plausible hypothesis, but I’d like to see some evidence to back it up. Which Federalist leaders, on which occasions, on what platform or in what hotel? You know, facts.
Start by reading this Federalist Society brief led by Ed Meese:
https://www.documentcloud.org/documents/24461715-meese-cu-amicus-brief-mal
This shows that Meese and his Citizens United cohorts made an argument for dismissing the case. It does not demonstrate a conspiracy, i.e., “working together” with the judge. Again, I think it entirely possible that such a thing happened, but the available evidence shows only that she adopted a line of reasoning presented before the court (and in the admittedly suspicious aside in Thomas’s recent opinion).
LOL. Any proof?
Though not a direct link to the Federalist Society, The Guardian makes the case that this decision was prompted by Justice Thomas:
“Yet again, he wrote his own concurring opinion in which he set out another extreme position. In this case, Thomas directed his ire against Jack Smith, the special counsel who has overseen two federal prosecutions against Trump for his interference with the 2020 election and for his post-White House hoarding of classified documents.
In his concurring opinion, Thomas argued that the appointment of Smith by the US attorney general, Merrick Garland, was invalid because the special counsel post had no basis in statute. The implication was clear: a litigant should come forward with a challenge to the institution of special counsel which, if successful, would in effect scupper the federal cases against Trump.”
https://www.theguardian.com/us-news/article/2024/jul/11/clarence-thomas-ultra-right-supreme-court
Thomas is an outlier. There’s no indication others on the majority would go as far as Cannon or Thomas want to. They might, to protect Trump, but it would reverse the unanimous – but for Cannon – position of the lower courts that the Special Counsel appointment process is legally sufficient.
This is more likely Cannon’s personal wet kiss to Trump – and a job application.
I would agree with you if this had happened before the recent immunity decision.
I think this is yet another example of Republican/Trump appointed SCOTUS judges,
thumbing their noses at Democrats, in effect saying: We now control the courts. We can and will foil you and any Democratic presidents in anyway we choose. Precedent, lawful or Constitution be damned.
@ EoH
I note that Cannon has cited to the writings of both Kavanaugh and Coney-Barrett in this ruling, no doubt in an attempt to curry favor with them.
What Jafo said. I don’t recall reading any legal pundits who said SCOTUS would take the immunity case. We know rest of that story.
Honestly, watching MAGA make a mockery of every single Trump court proceeding this seems like a episode of the twilight zone. Its bizarre now, has been for a good long while.
Not too long ago the 11th announced they’d refuse further complaints from citizens regarding Judge Cannon describing it as a coordinated campaign.
https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/GeneralOrder2024-J.pdf
She’s been waiting for the right timing to do this. It is close enough to the elections, so even if she lost on an appeal, and even if this could be used as ground to dismiss her, with the time it would take to go through the appeal, discuss her dismissal, and ramp up a new judge on the case, it would be too late. Also, with the assassination attempt and being so close to the election, I suspect that the 11th is now less likely to step in and decide to dismiss her. So I’m not very optimistic.
On the other hand, a reversal by the 11th, even without dismissing Cannon, would make it harder for trump to claim “total exoneration”.
Hopefully the Dept of Justice skips the 11th Circuit. Afterall, that would just send this case on up to The Supreme Court. Can’t the case be re-filed by a US Attorney in Florida, then just hire Jack Smith along with all his staff to continue the proceedings. If so, would they still be in Cannon’s courtroom or would this get another roll of the dice and among all of the Florida Judges, Cannon would still be in the spin of the wheel?
I am assuming that this is something the 11th Circuit could take up, and perhaps remove Judge Cannon from the case as it appears she is deviating pretty substantially from precedent. And then there would need to be four votes at the Supreme Court to take up any appeal? Meaning that two more besides Alito and Thomas would want to take this on for the purpose of delaying the case and further immunizing Trump. I think that the odds of the Supreme Court taking this appeal are quite good if the 11th Circuit overrules Judge Cannon. After all, I am sure that special circumstances can be found that would disallow special counsel to be appointed for former Presidents but also allow special counsels to be appointed to prosecute members of current officeholders and their families but not former officeholders and their families, unless such former officeholders were also the vice president or served in the U.S. Senate or were the Governor of a State other than the governors of states that used to be countries.
The Eleventh Circuit Court of Appeals has twice reversed Judge Cannon at the investigative stage of this case. In other cases where that court has reversed the same district court multiple times in the same case, the Court of Appeals has ordered that upon remand the matter be reassigned to a different judge. United States v. Plate, 839 F.3d 950, 958 (11th Cir. 2016); United States v. Gupta, 572 F.3d 878, 892 (11th Cir. 2009); United States v. Martin, 455 F.3d 1227, 1242 (11th Cir. 2006); United States v. Remillong, 55 F.3d 572, 577 (11th Cir. 1995); United States v. Torkington, 874 F.2d 1441, 1447 (11th Cir. 1989) (per curiam); United States v. White, 846 F.2d 678, 696 (11th Cir. 1988).
Cannon is angling for appointment to the Supreme Court under Trump
At the very least, she is going to get nominated to the 11th circuit if Trump get elected, and she would get the appointment if Senate become republican.
Day of the Long Knives
This. My thoughts keep straying to life overseas and when I should get out. It’s not just the mounting tide of fascism lapping at my feet in the US — it’s also the idea that other countries, while not utopias, have *actually solved* some of the problems we can’t seem to: health care, day care, gun control, women’s rights, corruption reform, global warming measures, etc etc.
do you have a yacht club in Newport RI
Please stay on topic in this thread – the topic is Aileen Cannon’s dismissal of the stolen documents case against Trump based on the Special Counsel appointment.
It looks like Judge Cannon read the SC’s 6-3 immunity ruling as our boy is immune from everything. Unfortunately, probably correctly.
I think Cannon believes Trump is a lock to win in November and is manuevering for an appeals court appointment or even SCOTUS. Corrupt. Very corrupt. Then again, she’s Trump’s type of jurist. No doubt certain Senators are going to question her about this at her confirmation hearing. But in this day and age she’ll just lie, lie, lie.
Susan Collins will express her concern and then vote positively. Later she will complain about being duped.
Rinse, repeat as needed until the republic is gone or see a doctor if republic persists after four years.
She will claim she never was a judge on any Trump case, and republicans will believe her.
Collins is up for reelection in ’26. She’ll be 74 at that time, but I don’t see her giving up all that wonderful seniority she’s managed to accrue; too much power to simply retire and scuttle off to Bangor (she certainly won’t be coming home to Caribou). She will run, and she will be reelected; easily.
The coalescence of so many disparate, fascist threads that we are witnessing in real time indicates a judgement has been made that this is the moment of their ascendancy. I’m not really suggesting a wide, formal conspiracy (there is almost certainly a closely held one at the kernel of the movement, as I am sure Bannon would proudly claim) but rather that the sum of recent events has persuaded them (give a big assist to a media that judges its survival depends on a kind of journalism that just happens to serve fascist interests) that we have reached a tipping point where it is finally safe for them to reveal their true selves and what they intend to do.
As George Carlin so eloquently expressed, there is no need for a formal conspiracy, it is a matter of goals aligning by a specific group, which we are not part of.
FWIW, I truly wonder about whether the fix is in in November for Trump. I cannot imagine the SC ruling the way they did if not to protect their perceived future ruler. That makes me wonder what do they know.
The many rulings of Aileen Cannon that have adversely affected the prosecution’s case have been viewed by some who are well-acquainted with federal courts and judges as within the prerogatives of a federal judge, as have been the endless series of delays, future hearings ordered with no dates and the numerous, sniping comments aimed at undermining the prosecution. She has finally decided that the time is ripe to render a judgement that pierces the bubble-world of her own courtroom and exposes itself to appellate review. We may, again, view this as simply the way the system works, has always worked and always should work: this is just how long it took her to finish the work. That said, it fortuitously comes at a time when it will test the integrity of the federal judiciary and give us a current view into how deep and widespread the corruption that its highest court has flaunted and normalized has spread. Her motives, benign or malign, will be beside the point in what we learn from the appeals process.
Hur doesn’t matter. The only damage he did (“doddering forgetful old man”) is done.
Hunter: if you are hoping for a reversal by the 11th, then Hunter is still on the hook. I wonder if Lowell will go for it anyway.
If it survives appeal, this would void everything Hur did and said.
My point is: In legal terms, he didn’t “do” anything; Joe has not been charged. Everything he has “said” is out of the toothpaste tube, can’t be voided in any practical sense, and will live on as a judgement on Too Old Joe.
I understood your point perfectly.
The punchline writes itself: “Cannon misfires.”
If only it were funny.
There is a certain perverse logic at work here.
What is the purpose of a Special Counsel? To avoid the impression of political influence from the Executive Branch.
That is no longer a consideration given the immunity case, correct?
Just another tear at the fabric of our constitution.
The abominable immunity decision only applies to the president. There are other situations where a special counsel appointment may be appropriate. Robert Mueller, for example, was not appointed to investigate Trump per se, no matter how much he whined “witch hunt!”. It was to investigate possible improper influence on a US election by a foreign government.
There are two documents linked above. What is the difference between:
* gov.uscourts.flsd.648653.672.0_1.pdf
* gov.uscourts.flsd.648653.672.0_2.pdf
To me, they appear to be the same document?
They’re the same.
I hope that when Jack Smith appeals this, that he also files the mountain of evidence he has against this judge, who is aiding and abetting the highest ranking espionage traitor in US history under the color of law.
She belongs in a military prison along with Trump, awaiting trial.
“She belongs in a military prison along with Trump, awaiting trial.”
Nope—that’s what a malignant narcissist king-baby would do, so it’s a good thing Biden’s not one. Leave the fascism to the MAGAts—it’s not a good look.
LOL. Sentence first-verdict afterwards? We don’t need to go down that particular Trumpian rabbit hole.
IANAL
Should this be appealed by or reassigned at DOJ, would venue or judge change?
And since it appears the worst offenses may have happened after his leaving office, might those actions that remain unknown to the public, be able to be made public in an appeal?
And is DOJ able to just go ahead and charge the underlings illegal actions without delay despite Cannon’s ruling today?
What if this is by design and deliberate. Directly aiming at Scotus to confirm her ruling after appeal?
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Is an adverse (to Cannon) decision by the 11th Circuit appealable up to the Supreme Court? If so, the next term starts in October, I believe, and of course the SC wouldn’t decide until after the next President is sworn in. If Trump wins, he orders the case dismissed and the SC doesn’t have to rule on it at all. That would make this a great move by Cannon, both politically and legally (well given her evident objective, that is.)
Of course, the S.Ct. has jurisdiction to hear an appeal from an 11th Circuit decision. If the 11th reverses Cannon (and possibly gives the case to another judge), the Supremes would definitely hear the case. But they would have to reverse the 11th to make this a win for Trump.
If Trump wins and orders to the DoJ to dismiss the case, it remains in whatever position it was when it was dropped. So, for Trump to benefit, he would have to do that before the 11th Cir. reverses Cannon, or allow the Supremes to take it and reverse the 11th Cir.
Thanks! That really clarifies the implications for me. (+1)
The Honorable Judge Aileen Cannon
has replaced Judge Harry T. Stone in Night Court.
It is disgraceful to put Cannon and the HONORABLE Judge Stone in the same sentence!
Agreed, it’s total Bull.
Night Court’s theme music one of TV’s all time greats. They’ve been showing NC old re-runs for a while in Albuquerque. Often during dinner, we watch and laugh. Great old show.
Speaking as an average person, I look back through the last sixty years and time after time there’s been a popular uproar when a well defined crime is dismissed because of “technical” reasons and the accused walks free. Everyone has seen the photos of classified documents strung throughout Mar-a-lago and, at a gut level, understands that’s not the shouldn’t be handled the way Trump handled them. And the public has seen the constant push by Trump to find some technicality which will free him. Will an uproar occur and will it express itself at the polls in November? Hard to say. I still hope Allan Lichtman is right and the outcome of elections is based on an up or down vote on the performance of the current administration. It seems like there are more black swans the ponds to put them in.
What you said.
Trump’s defense is to attack the prosecutors, witnesses and juries, and his goal is to never fess up to the facts and let them be heard because he’s GAF.
Justice Thomas just handed Judge Cannon a bank shot and she foolishly took it.
I get this is wrong given the precedent — a thing that should matter, but with our current Supreme Court often doesn’t. Also, that she’s citing the incorrect cases. And I get that the idea that all these convictions would potentially be thrown out makes it difficult to imagine this ruling actually standing as it goes through appeals.
But as a non-lawyer, I would love to understand whether she is wrong on the merits if you were to just consider the law as if courts hadn’t already ruled on the question. Even though I understand that’s not how judges should operate.
Thomas and Alito are addicted to the power. It is quite unlikely they will retire to give Trump the ability to appoint Cannon/other as their successor.
Though the Grim Reaper may have other ideas. Nobody expected Scalia to “retire” either.
Depressingly, with the current state of the race it’s highly possible the GOP could sweep the trifecta.
Then what’s to stop them from axing the oh-so-sacred-to-Democrats filibuster and adding more justices to the court? Their reverence for norms? LOL
Re: “with the current state of the race”
What “state” would that be and why are you “LOL”?
Trump obviously has momentum after his lucky escape Saturday, and Cannon giving him permission to claim political persecution adds fuel. It’s sickening, but there is no denying this is the current state of things.
The LOL was for the idea that Republicans would defer to norms over their venal, corrupt desire for power.
Sorry, I’m not a good writer like many of you are but I appreciate the opportunity to add my thoughts once in a while.
I fear this may run afoul of SCOTUS “rule for the ages” approach that they used in the immunity case — even though the end result might be to overturn the decision. First, the direct appeal to the 11th circuit, which could take its time in view of elections coming up. Since the decision involves the legal question of appointment of special counsel, it is unlikely briefing would bring out any underlying facts beyond what is already public. If the 11th circuit overturns Cannon, then Trump would need to ask for a stay during appeal to SCOTUS. 11th Circuit might grant that, but given the lack of support elsewhere for Cannon’s ruling, it seems more likely the 11th Circuit would not act. Trump could then petition for a stay from SCOTUS. Clarence Thomas handles requests from the 11th Circuit, so given his comments in the immunity case criticizing special counsel we could expect him to grant a temporary stay. The question doesn’t seem a hard one (but neither did immunity), but given the history of special counsels I tend to doubt even this court would ultimately uphold Cannon. What four of them could very easily do, as I suggest above, is to say this is such an important question they have to tackle it fully rather than simply turning down cert., thereby putting it on their docket and hearing it sometime next year.
Brute Decree
SCOTUS and Cannon
Stripping by decree
P-I-S-S-I-N-G
First comes govt
they disparage
Then rule of law
suffers brute miscarriage
Here’s what Cannon has to say about the two higher federal courts who have ruled on this special counsel issue.
According to her, In re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987) and In re Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019), did not really consider “this question in a meaningful way” and therefore, “the Court does not find them persuasive.” In other words, I’m smarter than they are, and I’ve figured this out when they could not.
There are plenty of other zingers sprinkled throughout this order, but that one really jumped out at me.
Whatever else we may say about her, she certainly has cojones.
Especially given how little experience she had before being appointed to 11CA.
Snark aside, Cannon was appointed district judge in the Southern District of Florida.
Ovaries. She certainly has ovaries.
Really? Try a non-gender-based tack.
Why? It’s a response to “cojones.”
The term “ovaries” in this context is meant to signify a female who has chutzpah, like a male with cajones. I meant to be gender based to add humor, but by now I’ve probably over explained.
If you have to ask, knowing the answer won’t help.
Reply to earlofhuntingdon
July 15, 2024 at 3:29 pm
What a bullshit response. You assume that I cannot learn instead of responding and testing your conjecture.
No, it’s Tubes. My friend in college said so back in the 70s. She’s got tubes.
I think it’s more the The Dunning-Kruger Effect:
The Dunning-Kruger effect occurs when a person’s lack of knowledge and skill in a certain area causes them to overestimate their own competence.
wa_rickfsays @ July 15, 2024 at 2:53 pm
I don’t think its that deep. I think she’s a true believer in the cult. As a believer, to serve the cause, she makes stuff up. She’s done a lot of it in that case.
July 15, 2024 at 2:53 pm
In this election season, let us not forget that when Cannon was confirmed by the Senate
on November 12, 2020 (you know, after Trump had lost the election,
and three weeks after Mitch had rammed Barrett into SCOTUS), 11 Dems nevertheless voted for Cannon:
Carper (DE), Coons (DE), Feinstein (CA), Hassan (NH), Jones (AL), Kaine (VA), Leahy (VT),
Manchin (WV), Murphy (CT), Rosen (NV) and Warner (VA).
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00228.htm#position
And I’m supposed to care whether or not Jacky Rosen and Tim Kaine get re-elected this year.
Yes, you should care whether the Senate has a Democratic majority.
Yes, the majority controls the issues and the calendar. It.confirms.judges.
If these dems senators didn’t vote for her, she would still be confirmed. Yes? The republicans had the senate at the time.
So these dems votes are mute in my opinion.
But is hard to understand why the dems don’t do their homework on these confirmations.
“If these dems senators didn’t vote for her, she would still be confirmed. Yes?”
Well, the vote was 56 YEA (45 R + 11 D), 21 NAY (all D)
and 23 NOT VOTING (9 R + 14 D). So, if Democratic minority leader Schumer had actually whipped his members, telling them that showing up and voting NO was an existential priority, and not told McConnell about it in advance, Cannon might have been defeated.
But because Schumer, Leahy, Durbin, et al. were operating under the extra-constitutional web of back scratching and gentleman’s agreements that is the U.S. Senate, we are stuck with Judge Cannon. And, incredibly, in the year of our lord 2024, Durbin is still letting the GOP use blue slips.
It is sadly ironic that the orange pustule is the walking definition of a person who would NEVER be allowed to have a U.S. security clearance. Retention of documents, multiple convictions and legal proceedings, a history of lying, foreign banking history, a spouse who is a foreign national, bankruptcies, and unmet financial obligations. A time may come when we will use his case history for counterintelligence training, alongside Aldrich Ames, Robert Hanssen, and the Walkers. There is a hallway in the Pentagon that has a wall display of spies, their deeds, and their punishment. The designer of the display cleverly attached each of their case books to the wall with handcuffs.
“A time may come”
We can only hope.
Cannon’s ruling states that special counsel Jack Smith is an unconstitutional appointment, which impugns long-established case law.
THAT is exactly what the SCOTUS have been doing the past two years: overturning long-established case law.
Why does blatant corruption succeed in the United States?
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Particularly with advances in technology, corruption is a transnational challenge, without respect for borders.
While corruption infects political systems everywhere, two main factors might distinguish the U.S. from other liberal democracies:
1) anti-corruption laws are too loose, and they’ve been weakened further by SCOTUS. Personal integrity of political actors and unwritten norms are no longer sufficient restraints, if they ever were. Yet enough members of Congress (mostly Republicans) are happy with the permissiveness and will not support legislation to correct it.
2) too many voters of one of the main political parties (its name starts with an R) don’t give a shit about corruption if it comes from their side. Alternatively they just deny it exists, evidence be damned. If the people don’t punish corrupt politicians by voting them out at election time, there is another restraint gone.
Sorry
Yeah, this is a huge tactical error by Cannon. She’s embraced a legal theory that isn’t supported by anybody outside the Federalist Society, and even they find it dubious. Most of her citations are from a 1-person concurrence by Clarence Thomas that got zero support even from the other five Republicans who chose to give Trump immunity.
She’s overreached herself. Obv. Smith will appeal, and likely win at the 11th. SCOTUS would sit on it until the election at least. If Trump were to win, the entire thing would become moot anyway. But if Trump loses, will SCOTUS choose to make this tortured argument to attack an internal regulation of DoJ? I don’t think there are five votes for that. I know they overthrew Chevron, and in theory they are now The Bosses of Everything, but this path they are taking is political suicide.
So, yes, Cannon did not help Trump’s campaign at all by doing this. Undecided voters will see this as just more Republican corruption. It will certainly motivate turnout for anti-Trumpers. And it was unnecessary, since nothing was going to happen before November in any case.
I guess she got tired of being the target of scorn for so many national Constitutional scholars. She just wanted it to be over with. Sorry, Judge Cannon. It won’t be that easy.
Thomas went out of his way to make the suggestion in his separate concurrence, a real norm-breaker from what I read. However, why does everybody take that mean he’d be the only one to agree with that POV if the actual case goes to the SC to be decided? I’m sure all the other justices (especially Alito) know how to keep their mouths shut until the (in)appropriate time comes for them to open them. I consider the fact that Thomas opined on the matter at all means he was willing to be the canary in Cannon’s coal mine.
I’d argue that Cannon delayed the case in virtually every way possible before punting it, which almost certainly has pushed any potential appeal case back to after the election. If you think that didn’t benefit Trump and his campaign, you should probably think again.
Oh, my! (Apologies to George Takei.)
That conclusion does not take into account the extensive delays she’s generated for Donald Trump, which meant his case will be delayed until after we know whether he’s been re-elected. The electorate needed to have that information before the election. Aileen Cannon has succeeded in both keeping that information from the electorate and in throwing doubt on it. She deserves ignominy. Donald Trump will give her a promotion.
So much chaos in the legal world and the Media world which reports it (or doesn’t). So much is coming at us fast and furiously. Time is still on our side. Time for the Public to get informed, to reflect, and time for Biden to think about his future vs. the future of this country in a realistic way. He has been great at his job for the most part; exception Gaza war.
The two Conventions may be a way to air some of the Constitutional challenges related to
having the Republican Party offering a candidate who is a felon, etc., etc., etc. People will pay more attention as time gets closer to making a decision at the Ballot Box. I feel that the majority of people in this country are decent and honest and value those qualities in their leaders. If MAGA represents 1/3 or thereabouts of the total Electorate, there are enough traditional Republicans who are disgusted with Trump and won’t vote for him. The big question is not what will happen in the Courts in the meantime, it is how much will Democrats concerned about Biden will hang on to their optimism about what the Convention could decide. The Primary System has co-opted the Old Convention process, leaving too much uncertainty at the present time which younger people have not experienced to such an intense degree. The main thing to work on is keeping optimistic and productive regarding voter turnout. Nobody wants a dictatorship. Nobody sane wants a Court which re-writes the Constitution. And only the most fanatic think Trump should walk happily into the sunset holding a get-out-of-jail free card after having inspired an Insurrection, having been convicted of rape, tax evasion, and most of all, treason. Just keep hammering those “qualifications” Trump holds for winning the Presidency.
And send letters to the Editor, call your TV stations, and members of Congress. Oh, yes, give money and time to helping elect a Democrat to whatever they are running to win.
“Whole Sight; or all the rest is Desolation.”
[John Fowles, “Daniel Martin”]
Jack Smith’s spokesman:
“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Atty General is statutorily authorized to appoint a Special Counsel. The Justice Dept has authorized the Special Counsel to appeal the court’s order.”
If the objection to the Special Counsel’s appointment gains sufficient delay now and Trump wins in November, Hunter Biden and his legal woes will be a forgotten sideshow. How about dull Durham, the eternally glum damp squib? Kenneth Starr?
How quickly can this be refiled and how much delay will result? What are the chances with a different judge?
I remember Marcy’s post about one of Judge Cannon’s first opinions or motions – she said it was totally reasonable and nice. Ah, simpler times.
https://www.emptywheel.net/2023/07/21/may-20-2024-aileen-cannons-still-not-totally-unreasonable-order/
– and then nothing about it for months and months.
I’m not dissing but I thought she was corrupt from the get-go and couldn’t understand why suddenly EW didn’t talk about it.
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I remember when she said that when the time came to panic about Judge Cannon she would let us know. That train left long ago.
Ms. Wheeler has been a little busy, if you have been paying attention. She does an outstanding job of keeping us informed of highly technical matters for very little pay (at least I think). Give her a break. I gave Judge Cannon the benefit of the doubt until this monstrous decision! Attacking the Special Counsel who brought the indictment and ignoring a man who purposefully stole hundreds of national security documents and then literally played a gigantic shell game to hide them is beyond the pale!
Cannon did her job, delayed then punted deep to run out the Nov election clock. Timed to coincide with Orange jesus coronation. She doesn’t have the horsepower to handle a real trial like this so she just pukes it up on a real judges plate. If trump seizes WH again everything is moot and she gets rewarded for putting trump over her oath.
This SCOTUS won’t let him go to jail, state or federal. And I think they’ll alternate elector him back into WH, they’re making up shit on the fly.