Judge Aileen Cannon Gets Trump Criminal Case
Is this slightly bad news, very bad news, or terribly horrendously catastrophic bad news?
For the moment (and this could change, so keep all your fingers and toes crossed, if you are that dexterous) Judge Aileen Cannon has been assigned the criminal case against Trump regarding the Mar-a-Lago documents. This is plainly problematic. The only question is just how problematic.
My hope is this will soon be rendered moot as the 11th Circuit Court of Appeals might order her to recuse herself from the case. In fact, according to former U.S. attorney and federal prosecutor Joyce Vance, it may be very likely that Judge Cannon will be removed from the case. Says Joyce:
Although “a judge’s behavior in court generally doesn’t form the basis for recusal, the 11th Circuit has ordered ‘reassignment’ where a judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question.
She goes on to say:
“It is not clear Cannon is permanently assigned to the case,” Vance concluded. “If she is, it’s extremely unlikely it stays with her and as a last resort, DOJ will challenge her participation and win.”
I hope she is right.
If she is not, however, and as I have seen a lot of hysterics on the Left over this judge, I decided I wanted to explore this a bit further. I want to explore just how problematic she may be and exactly how she could throw a wrench in the works in the efforts of Jack Smith to hold Trump accountable for his criminal misconduct.
I have a few comments to make first before I get to the meat of this discussion.
I am painfully and acutely aware that the current favorite pastime of MAGA Republicans is to sow doubt about, and cast aspersions upon, the justice system of America. They are quite the America haters, these Republicans. That is amusing since the GOP was once the party of “love it or leave it.”
They cast aspersions upon the FBI, upon the DOJ, and, of course, cry “bias” at any and every action taken by anyone who is not a MAGA Republican. If you are not MAGA, then you are by definition hunting witches. That is especially weird for me since I actually am a witch (good witch, ahem) so am I hunting myself? Rhetorical question. Never mind.
It is all “weaponization of government,” they say. That is the favorite MAGA catchphrase these days. Doubly weird since their number one promise if they get power again is to weaponize the government. Trump is compiling a “hit” list of career civil servants he will fire — as retribution — if he gets back in the White House. Um, weaponization …?
In such an environment where the MAGA people have mainstreamed and legitimized showing complete contempt for all government officials, all government institutions, and everything that actually makes America great (which makes their whole “make America great again” slogan one of the single greatest oxymoronic Mobius strip brain-bending riddles of all time), I hate the fact I have to write this piece.
I hate the fact I have to call into question the impartiality and legitimacy of a federal judge.
Perhaps it is a twist on the story of the boy who cried wolf. MAGA people are crying wolf every damn day. I see an actual wolf.
First, just a reminder, in case you forgot, why Judge Cannon is being doubted here. Cannon was the judge who last September accepted and agreed to the pleas of Trump’s lawyers to appoint a “special master” to review the documents seized from Mar-a-Lago and she issued an order preventing the FBI from continuing to examine the documents as part of their criminal investigation into Trump.
The court of appeals (with conservative judges, by the way) got rid of Cannon’s “special master” noting that “the district court improperly exercised equitable jurisdiction.” That is a polite way of saying they told Judge Cannon she really screwed up. The appeals court also noted that her incredible jaw-dropping decision to allow a subject of a search warrant to block a government investigation “would be a radical reordering of our caselaw.” That was also a polite way of them saying to Judge Cannon, “Are you out of your bleeping mind?!”
I am not alleging that Judge Cannon is part of MAGA and plotting to help Trump. Yes, I know that many people on the left are assuming exactly that. However, unlike those America haters in MAGA land, I am actually still willing to give government officials some benefit of the doubt. At least just a little bit. Therefore, I do not buy the idea Judge Cannon is plotting to subvert the judicial system in the service of Trump.
Having said that, it is perfectly clear, however, that in that previous case with Trump, she was in awe of a “former president” and inclined to be very deferential because of that. This is the crux of the problem: Her tendency is to be excessively deferential to this particular man.
The law applies the same to everyone. It doesn’t matter if you are an ex-president or a janitor. You are to be treated exactly the same under the law.
Whether or not Judge Cannon will behave in accordance with that principle is what is in question here.
Jury selection
Many people may not be aware of this, but the judge has an active and important role in jury selection. You have probably seen movies where there are dramatic scenes of lawyers grilling potential jurors. Well, as it turns out, it is usually the judge who does the questioning of jurors in a criminal case.
In Federal courts, the standard procedure is for the judge initially to question each prospective juror, often asking each to give a synopsis of his or her background. After initial examination, the judge then would pose questions requested by counsel for both sides in their pretrial orders.
A judge can be very probing in this process, very careful to help ensure each juror is trustworthy in their assertion that they can and will be objective. I might wonder just how vigilant Judge Cannon would be on this.
What precise arguments and evidence can be presented to the jury
The judge sets some basic ground rules. These include who can be called as witnesses and what sort of evidence may be presented. It goes without saying that such decisions can either serve to be helpful to a prosecution or completely kneecap a prosecution.
An excellent example can be seen in the case of E. Jean Carroll versus Trump. This was the civil trial regarding allegations that Trump sexually assaulted E. Jean Carroll. A jury found him guilty. In that case, Judge Lewis A. Kaplan allowed other women who had made sexual abuse claims against Trump in similar circumstances to testify. Judge Kaplan also allowed the jury to hear the Access Hollywood tape.
Would there have been a conviction without those bits of evidence against Trump? Perhaps, but who knows?
Judge Cannon could throw a serious wrench into the works if she comes up with some novel theories about what Jack Smith can and cannot present as evidence. She could, in effect, kneecap him.
“Rocket Docket” might not get off the launch pad for years
Florida has what is known as a “rocket docket” in its federal court system. That is just a cute way of saying that they tend to move things along rather quickly.
A judge has a great deal of discretion on scheduling, however. Undoubtedly, Trump is probably thinking of trying to “run out the clock” till he wins reelection as president so he can then pardon himself. Again, I am not saying Judge Cannon would be a co-conspirator in such a plot. However, her tendency to be deferential to Trump means she would probably grant every damn motion, appeal, and request for delay that the Trump lawyers make.
In short, if Judge Cannon does end up with this case and does not recuse herself, this trial will not get off the ground until well after the next presidential election is over.
The judge decides the sentence
Finally, and most problematic in my mind, is the fact that the judge has the responsibility of determining the sentence and whether there will be any prison time.
This goes back to the issue of everyone being treated equally under the law. If Trump is found guilty, he must go to prison. He shouldn’t get to have a little slap on the wrist, a fine, and an ankle bracelet, and then walk out the door back to his country club to play some golf. He must go to prison because that is what would happen to anyone else if they were convicted of these crimes.
Would Judge Cannon send an ex-president to prison? What do you think?
Hopefully, Joyce Vance is right and Judge Cannon is going to be pulled from this case.
If that happens, the response in MAGA world would be predictable, wouldn’t it? They will say it is all about the Biden crime family conspiracy against rival Trump.
I will let you know a little secret, MAGA folk: Despite how much you hate and despise America, this still is a great country, with a tolerably good (not perfect, but tolerable) legal system, and lots of people of integrity and professionalism who go to work every day and just do their job.
The indictment of Trump was not a dark day for America. It was a day to be proud. We should be proud to have people around like Jack Smith. Take pride in that.
And enough of this hating America, all you MAGA trolls out there. If I may borrow the old Republican phrase: “Love it or leave it.” I hear Hungary is more your cup of tea, anyway. Don’t let the door hit your ass on the way out.