Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

onenote

(46,079 posts)
52. Why was it improper for Cannon to be chosen in the special master case?
Sun Jun 11, 2023, 09:54 AM
Jun 2023

Despite what you apparently think, it was not guaranteed that Cannon would be assigned that case. Proof? Trump's RICO lawsuit against Hillary Clinton was filed in Fort Pierce, where Cannon is assigned. But the case was assigned to Judge Donald Middlebrooks, who is assigned to the West Palm division.

What has become apparent in recent days is that many people (and I include myself among them), don't actually know the ins and outs of how judges are assigned to cases in the Southern District of Florida. And that includes various "experts" who have offered all sorts of opinions, sometimes contradictory, about Cannon's appointment, whether it is "permanent", whether there are grounds for the 11th Circuit to disqualify her, etc etc.

Its become clear to me that the internal court rules and procedures for assigning judges are more complicated than simply assigning the case to a judge in the division where the case is filed. For example, the paperwork submitted by DOJ along with the indictment check the box for the West Palm Division (which makes sense since Mar-a-Lago, the locus of the acts described in the indictment, is in Palm Beach County ) and also checked to box asserting that this is not a "related" case to any other case. But that didn't prevent the case from being assigned to Cannon.

The system undoubtedly requires various factors to be taken into account. For example, it is likely that in deciding the "pool" of judges from which the assignment will be made, consideration must be given to the current workload of the judges, since it would make no sense to assign a case to a judge that already has a full plate of cases.

I wish Cannon hadn't been assigned to the case and maybe it will turn out that Smith can and will argue that the case should be heard in West Palm by a judge assigned to that Division. But since we know that a West Palm judge can be assigned to a Fort Pierce case, there is reason to think that a Fort Pierce judge can be assigned to a West Palm, or maybe even Miami, case.

But apart from some rule that would dictate who can and can't be assigned this case, there are not grounds for disqualifying her based on her handling of the Special Master case and I can't imagine that Smith would file a motion with the 11th Circuit that he knows would be denied.

Recommendations

0 members have recommended this reply (displayed in chronological order):

I believe Jack, who was at the Hague, can deal with Loose Cannon. Murphyb849 Jun 2023 #1
Wow. I never saw that quote. It seems a bit pointed. Scrivener7 Jun 2023 #5
The main concerns I've seen are she'll either dismiss charges after the jury is seated Marius25 Jun 2023 #49
Meaning? elleng Jun 2023 #2
I'm seeing doom and gloom canetoad Jun 2023 #6
I disagree with those who feel Aileen will torpedo this, Scrivener7 Jun 2023 #9
No, I don't think at all canetoad Jun 2023 #10
Perhaps you'd like to read my post again. Because you have clearly Scrivener7 Jun 2023 #11
Well said. The Law is greater, by far, than one loose Cannon. Alexander Of Assyria Jun 2023 #12
I think it's highly possible she'll cause delays but very unlikely Scrivener7 Jun 2023 #14
The 11th Circuit has a Loose Cannon Watchguard. The Law doesn't approve of dictators Alexander Of Assyria Jun 2023 #15
+100 MLAA Jun 2023 #30
Prosecutors know judges. Comes with the territory. I look forward to the week. Tetrachloride Jun 2023 #3
She is not necessarily the final trial judge. I think this is actually good. ashredux Jun 2023 #4
Yes, and with a good case like US has, she has little wiggle room Bernardo de La Paz Jun 2023 #8
Maybe not but actions should have been taken to remove her SouthernDem4ever Jun 2023 #27
There has been NO opportunity YET, so NO actions could have been taken SO FAR Bernardo de La Paz Jun 2023 #34
I am talking about her last venture into the stupid SouthernDem4ever Jun 2023 #50
Like what? yardwork Jun 2023 #36
There are biased judges then there is Cannon SouthernDem4ever Jun 2023 #51
You can't remove a judge until they've been assigned, duh. Ocelot II Jun 2023 #47
What actions? On what grounds? onenote Jun 2023 #48
Agree. Speedy trial. It's a constitutional guarantee! A loose cannon isn't going to budge the needle Alexander Of Assyria Jun 2023 #13
Add I also know TFG's done badly with the judges he appointed so far. Very badly. Even with SCOTUS. marble falls Jun 2023 #7
Why don't we go back to the beginning? gab13by13 Jun 2023 #16
I agree with you on her effect on the timing. Scrivener7 Jun 2023 #18
Why was it improper for Cannon to be chosen in the special master case? onenote Jun 2023 #52
She could torpedo the case, but ... Bernardo de La Paz Jun 2023 #17
Great summary of the dangers and the reasons for hope. Thank you. Scrivener7 Jun 2023 #19
makes me feel a bit better however to know that her decision can be overurned by the samnsara Jun 2023 #22
Re: #3. I think she knows that hopes for any future promotion are in the shitter, 3Hotdogs Jun 2023 #24
She is set for life. She just needs to fly straight, doesn't need promotion Bernardo de La Paz Jun 2023 #32
+1. And she knows there is zero likelihood of her being impeached by the House. dalton99a Jun 2023 #42
I read the Slate article differently. yardwork Jun 2023 #39
That's not differently, that's just another angle. I agree with need for voting and the emphasis. nt Bernardo de La Paz Jun 2023 #40
Got it! yardwork Jun 2023 #41
i heard there were only 7 judges available so yeah he knew.. samnsara Jun 2023 #20
the question is- what was the deal to get the appointment? mopinko Jun 2023 #21
I'm not one bit concerned about the legal issues of a Trump trial. gab13by13 Jun 2023 #23
Are we to infer that Jack Smith had a nefarious motive for impaneling a GJ in Florida? msfiddlestix Jun 2023 #25
Certainly not canetoad Jun 2023 #54
I agree with you, thanks for the clarity.. msfiddlestix Jun 2023 #56
As they say... Roy Rolling Jun 2023 #26
She really has nothing to lose. You can take her lack of ethics to the bank. Goodheart Jun 2023 #28
Cannon is like the Trump judge in Texas, Matthew Kacsmaryk - brazen and shameless. dalton99a Jun 2023 #31
Sure, for a few years, but then she'd sink and be forgotten and have to compete Bernardo de La Paz Jun 2023 #33
Smith may be gunning for Cannon. Bet that TFG's folks will contact her and try to get her, once... machoneman Jun 2023 #29
+1 2naSalit Jun 2023 #37
I have been contemplating this part of the issue... 2naSalit Jun 2023 #35
I'm with you on the concept of Smith playing long game Bernardo de La Paz Jun 2023 #43
I place great confidence... 2naSalit Jun 2023 #44
Thank you canetoad Jun 2023 #53
It's a lot to unpack. 2naSalit Jun 2023 #55
It's problematic but not catastrophic. jaxexpat Jun 2023 #38
Too many. ...nt 2naSalit Jun 2023 #45
:) Yes -- obviously. nt Hortensis Jun 2023 #46
Latest Discussions»General Discussion»SC Smith obviously knew t...»Reply #52