Watchdog seeks Cannon removal from Trump documents case
Source: The Hill
09/04/24 11:02 AM ET
A watchdog group is asking the 11th Circuit Court of Appeals to remove Judge Aileen Cannon from overseeing former President Trumps classified documents case, arguing she has taken many efforts to undermine and derail the prosecution of this case.
The brief from Citizens for Responsibility and Ethics in Washington (CREW) comes as special counsel Jack Smith is appealing a ruling from Cannon that tossed the documents case entirely in determining Smith was unlawfully appointed. The CREW brief asks for the documents case to be reassigned to another jurist in South Florida. Smith did not make that request, but the 11th Circuit could independently determine the rare move is warranted.
Even before she dismissed this case on novel and insupportable grounds that ignored both statutory authority and Supreme Court precedent, Judge Cannons other extraordinary rulings and sluggish administration of the case had provoked well-founded concerns that she might be biased against the Governments case and unable to manage that case impartially, CREW wrote in its motion to file a friend-of-the-court brief filed late Tuesday.
The filing also comes on behalf of retired federal Judge Nancy Gertner, who previously raised concerns to The Hill over potential bias by Cannon, as well as two ethics attorneys. A message left at Cannons chambers was not immediately returned.
Read more: https://thehill.com/regulation/court-battles/4861235-crew-requests-removal-cannon/
Link to CREW complaint page - https://www.citizensforethics.org/legal-action/legal-complaints/amicus-judge-aileen-cannon-must-be-reassigned-in-trump-case/
Link to CREW BRIEF (PDF) - https://www.citizensforethics.org/wp-content/uploads/2024/09/25-1-2024-09-03-Attachment-1.pdf
Link to CREW MOTION (PDF) - https://www.citizensforethics.org/wp-content/uploads/2024/09/25-2024-09-03-MOTION-to-file-amicus-brief-pursuant-to-FRAP-29a-filed-by.pdf
groundloop
(12,427 posts)I'd love to see Loose Cannon gone, but can any random group make that request?
Ocelot II
(121,860 posts)They have to make a motion for the court to accept the brief, to be filed along with the brief itself. The rule is here: https://www.law.cornell.edu/rules/frap/rule_29
groundloop
(12,427 posts)former9thward
(33,424 posts)They will raise money off it. They know it will go nowhere.
Pluvious
(4,840 posts)former9thward
(33,424 posts)That individual was not represented by a lawyer. He represented himself, made no end of mistakes, and got the results which happens when you do that. The reply said the outcome of the motion would be good no matter what. What does that mean?
riversedge
(73,707 posts)duhneece
(4,275 posts)
. Not to be able to hold ANY elected position in the United States.
The effort will be a good one whatever the outcome
C0RI0LANUS
(2,334 posts)Hermit-The-Prog
(36,628 posts)BumRushDaShow
(145,239 posts)The page that has a summary (with the links to the PDFs) is that first link in the OP comments.
https://www.citizensforethics.org/legal-action/legal-complaints/amicus-judge-aileen-cannon-must-be-reassigned-in-trump-case/
(you can scroll down on that page to the "buttons" labeled "Read the brief." and "Read the motion." and click)
Hermit-The-Prog
(36,628 posts)republianmushroom
(18,416 posts)district court. How we have fallen when republicans come into power.
Another old myth shot down, the law and order party.
lastlib
(25,062 posts)Just a wild guess on my part. It could antagonize the Loose Cannon and set her off, to the detriment of the prosecution.
MadameButterfly
(2,134 posts)to Smith and the case. I think its time someone said something.
ShazzieB
(19,063 posts)First, if Cannon was going to get mad at Smith, she's probably already mad at him for appealing this decision, as well as her earlier ones. I don't see this filing from CREW as likely to make much difference either way.
Second, this brief was filed by an outside group. There's no indication that Smith was involved in any way. It would therefore be extremely childish to hold this against him. Very few people would be that childishly petty, so the risk seems pretty low to me.
Third, if this effort from CREW is successful and the 11th circuit, which is probably already tired of her shenanigans (cannonigans? ) takes her off the case, it won't matter what she thinks.
Personally, I think the possible benefits of this outweigh what I feel is a relatively small risk.
lastlib
(25,062 posts)"Childish" comes with the package. But I hope you're right.
onenote
(44,863 posts)Under the Federal Rules of Appellate Procedure, an amicus curiae may file its brief only by leave of court or if the brief states that all parties have consented to its filing. The CREW Brief does not indicate that either the government or the defense have consented to its filings. Where that is the case, the 11th Circuit has a track record of denying the requested leave to file. The most recent data I could find indicated that motions for leave to file where the parties haven't consented is denied more than half the time. In this instance, when the petition addresses an issue not raised by the government in its brief and seeks an action not sought by the government, it seems pretty likely that the 11th Circuit isn't going to accept the brief. Again, just a prediction on my part, but one that is consistent with the 11th Circuit's previous decision rejecting petitions filed seeking Cannon's disqualification.
See https://www.democraticunderground.com/?com=view_post&forum=1002&pid=18949244
Orrex
(64,431 posts)How dare I question the propriety of our mighty justice system, under which all are equal and truth is the only standard?
So I expect that the same people will now scold CREW for raising the same objections.
onenote
(44,863 posts)I think the 11th Circuit will deny CREW's motion for leave to file its amicus brief, particularly since it goes beyond the issues raised by Smith in his appeal and seeks an action he has chosen not to seek.
Orrex
(64,431 posts)I admit that I initially thought that you were, but you're not.
You bring an informed critique of events that simply lacking from the scolds' screeds.
Keep on doing what you're doing!