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BumRushDaShow

(137,244 posts)
Wed Sep 4, 2024, 03:33 PM Wednesday

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 Trump’s 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 Cannon’s other extraordinary rulings and sluggish administration of the case had provoked well-founded concerns that she might be biased against the Government’s 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 Cannon’s 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
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Watchdog seeks Cannon removal from Trump documents case (Original Post) BumRushDaShow Wednesday OP
Sounds good, but do they have standing to even make that request? groundloop Wednesday #1
Yes. They can file an amicus curiae brief with the court's permission. Ocelot II Wednesday #2
Excellent. I hope it does some good. groundloop Wednesday #3
It is a fund raising motion. former9thward Wednesday #12
See reply 4 nt. Pluvious Wednesday #16
Not sure the relevance of that reply. former9thward Wednesday #17
Thanks for info. riversedge Wednesday #7
This group is responsible for Cowboys for Trump Couy Griffin duhneece Wednesday #4
Thank you for posting. Sharp people work at CREW. Let's see what happens. C0RI0LANUS Wednesday #5
Two questions: Were these filed electronically as shown? Are red footnote numbers (links) really allowed? Hermit-The-Prog Wednesday #6
Not sure but that is what CREW had linked at their website BumRushDaShow Wednesday #8
Thank you. Hermit-The-Prog Wednesday #9
Seems our Federal justice system is in a little disarray, from the Supreme Court to the republianmushroom Wednesday #10
I'm betting that Jack Smith is wishing they hadn't done that..... lastlib Wednesday #11
I wonder what more she could do MadameButterfly Wednesday #13
I suspect he welcomes this. ShazzieB Wednesday #14
"Childish"? She's a MAGAt.... lastlib Wednesday #15
My prediction: the 11th Circuit denies the CREW's motion for leave to file its amicus brief. onenote Wednesday #18
I've been scolded here many times for suggesting that Cannon is slow-walking it Orrex Wednesday #19
Not scolding them. Just predicting what I think will happen. onenote Wednesday #20
You're not a scold. Orrex Thursday #21
Fire Cannons ignorant biased ass !!!!! I hate her guts. Trueblue1968 Thursday #22

groundloop

(11,923 posts)
1. Sounds good, but do they have standing to even make that request?
Wed Sep 4, 2024, 03:37 PM
Wednesday

I'd love to see Loose Cannon gone, but can any random group make that request?

Ocelot II

(119,079 posts)
2. Yes. They can file an amicus curiae brief with the court's permission.
Wed Sep 4, 2024, 03:47 PM
Wednesday

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

former9thward

(33,023 posts)
17. Not sure the relevance of that reply.
Wed Sep 4, 2024, 06:42 PM
Wednesday

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?

duhneece

(4,196 posts)
4. This group is responsible for Cowboys for Trump Couy Griffin
Wed Sep 4, 2024, 03:54 PM
Wednesday

…. Not to be able to hold ANY elected position in the United States.
The effort will be a good one whatever the outcome

BumRushDaShow

(137,244 posts)
8. Not sure but that is what CREW had linked at their website
Wed Sep 4, 2024, 04:18 PM
Wednesday

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)

republianmushroom

(16,318 posts)
10. Seems our Federal justice system is in a little disarray, from the Supreme Court to the
Wed Sep 4, 2024, 05:15 PM
Wednesday

district court. How we have fallen when republicans come into power.
Another old myth shot down, the law and order party.

lastlib

(24,312 posts)
11. I'm betting that Jack Smith is wishing they hadn't done that.....
Wed Sep 4, 2024, 05:27 PM
Wednesday

Just a wild guess on my part. It could antagonize the Loose Cannon and set her off, to the detriment of the prosecution.

ShazzieB

(17,880 posts)
14. I suspect he welcomes this.
Wed Sep 4, 2024, 06:10 PM
Wednesday

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.

onenote

(43,827 posts)
18. My prediction: the 11th Circuit denies the CREW's motion for leave to file its amicus brief.
Wed Sep 4, 2024, 10:41 PM
Wednesday

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

(63,709 posts)
19. I've been scolded here many times for suggesting that Cannon is slow-walking it
Wed Sep 4, 2024, 10:58 PM
Wednesday

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

(43,827 posts)
20. Not scolding them. Just predicting what I think will happen.
Wed Sep 4, 2024, 11:49 PM
Wednesday

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

(63,709 posts)
21. You're not a scold.
Thu Sep 5, 2024, 01:23 AM
Thursday

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!

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