“Devastating”: Legal experts say Jack Smith’s appeal could lead to dismissal of Judge Aileen Cannon

https://www.salon.com/2024/08/27/devastating-legal-experts-say-jack-smiths-appeal-could-lead-to-dismissal-of-aileen-cannon/

43 Comments

  1. It 100% should… I’m still skeptical that it will, but her mishandling of the case represents everything that’s wrong with the justice system and activist judges.

  2. CaptainNoBoat on

    >”That said, sometimes courts of appeals will remove a district court judge on their own. It’s extraordinarily rare,” Honig told CNN. But if the same court overturns Cannon again, it’s “a whole new playground,” he said. “That is something that very rarely happens. So if they reverse her again, it’s possible, in my mind, they remove her as well.”

    Maybe. The problem apart from the insanely high bar and rare occurrence is that Cannon based her decision on a Supreme Court Justice.

    Not just any Supreme Court Justice, but the one who presides over the eleventh circuit (Thomas).

    In any case, I can’t wait to see Thomas’ own circuit rule “Wtf is this garbage logic?”

  3. normally_innocent on

    Please oh please let it be so, I’m tired of this “judge” letting him get away with it.

  4. truthishardtohear on

    In a rational and fair world, it would result in Cannon being completely removed from the bench and disbarred.

  5. Responsible-Room-645 on

    I’m afraid that my faith in the American justice system has been so irreparably damaged that I can’t believe that Trump will ever face Justice.

  6. The biggest issue here is how LONG things like this take. It’s likely not going to get resolved until after November…?

  7. This is the best tl;dr I could make, [original](https://www.salon.com/2024/08/27/devastating-legal-experts-say-jack-smiths-appeal-could-lead-to-dismissal-of-aileen-cannon/) reduced by 77%. (I’m a bot)
    *****
    > "The most interesting thing about Jack Smith's brief to the 11th Circuit is perhaps what's not in it: a request for Judge Aileen Cannon's removal from the case," noted Lisa Rubin, a legal analyst with MSNBC. Smith not asking the court to remove Cannon doesn't mean he actually wants her on the case.

    > Asking a court to remove a judge from a case altogether is "Very rare," even if that's what a prosecutor hopes the court will do, according to Elie Honig, himself a former federal prosecutor.

    > "Jack Smith could go into court, the 11th Circuit, blindfolded with his hands tied behind his back, and he would still win this, every day of the every week," Katyal said on MSNBC. "There are some things in the law that are open to debate and reasonable disagreements and others that are not. This one is not. Every method of interpretation of the law, whether it is text or history or precedent, all is devastating to Judge Cannon's decision.”

    *****
    [**Extended Summary**](http://np.reddit.com/r/autotldr/comments/1f2mhe6/devastating_legal_experts_say_jack_smiths_appeal/) | [FAQ](http://np.reddit.com/r/autotldr/comments/31b9fm/faq_autotldr_bot/ “Version 2.02, ~692956 tl;drs so far.”) | [Feedback](http://np.reddit.com/message/compose?to=%23autotldr “PM’s and comments are monitored, constructive feedback is welcome.”) | *Top* *keywords*: **Court**^#1 **case**^#2 **Cannon**^#3 **Smith**^#4 **appeal**^#5

  8. I will not hold my breath waiting for anything to happen to her.

    I think there is a better chance of Trump running a marathon.

  9. Sure_Quality5354 on

    This whole ordeal has really exposed some major flaws in the system. All it takes to derail a completely bulletproof case with mountains of evidence is one shitty judge who makes 100 bad decisions but 1 good decision every 6 months and apparently the higher courts wont bat an eye.

  10. Please continue to threaten me with a good time.

    Also, Aileen Cannon is an AI bot created during the Trump Administration and doesn’t actually exist.

  11. I suspect this will be overturned, but the appeal to the Supreme Court will be immediate, and have at a minimum support from Thomas.

    Despite the stupidity of her argument and the mountain of precedent against it, it’s very possible they use their Supreme Court supermajority for another partisan motivated ruling. Following the idiotic “absolute immunity” decision, I’m not sure there are any lines left that they won’t cross to throw Trump a life preserver.

  12. SevereEducation2170 on

    Get back to me when it actually happens. Won’t even matter if Trump wins in November, so just vote people.

  13. kittenTakeover on

    She should be removed from the court in general. She has shown she’s completely incapable of being impartial.

  14. icouldusemorecoffee on

    Few things are annoying as legal experts prognosticating about what might happen in a right-wing courtroom.

    When Cannon is removed by the 11th, then it will be worth listening to legal experts talk about why, but not what could be.

  15. Whether or not the appeal is upheld or Cannon is removed is irrelevant — the Republican judiciary has already accomplished its goal. All they needed to do is delay everything until after the election. The victory is keeping Trump’s legal woes out of the headlines, and preventing new information from being made public.

    From there, they get a coin-toss on two outcomes equally palatable to the conservative core. If Trump wins, all of this goes away forever and they get hundreds more corrupt ideologues on the bench. If Trump loses, whatever happens to him in the courts doesn’t matter because they don’t plan on his physical or cognitive health lasting through 2028.

  16. Everyone should listen to the podcast Advisory Opinions. It’s center-right, but enormously informative about the Supreme Court. Even with their conservative bias, though, and with Sarah realllllly trying to steelman Judge Cannon’s argument, their verdict on this ruling was something like “90% Bonkersville.”

    Both of the hosts really try to avoid ascribing bad faith to judges, but even they had to say something like, “This ruling makes it substantially harder to dismiss the bias accusations around Cannon.”

  17. Has any one compiled a list of how many people directly or indirectly have had their lives ruined by the Trumps?

    I imagine it would be impossible to ever stop counting.

    Edit: if anyone does have a list, post it! Would love even a rough draft of that history

  18. She did what she was hired to do. She was never meant to actually be a judge. She was hired to carry water for Trump.

  19. InevitableAvalanche on

    I hate that we live in such a corrupt country right now that someone like Cannon is allowed to continue to be a judge.

  20. I’m sure she wants that. Her last move was a perfect way to do Trump’s bidding and get herself removed. It would not be easy to get in that position. She would be worried about death threats if she doesn’t completely exonerate him.

    By trying to throw out his indictment, she delays the case until after the election, signals to everyone that she did her best to help Trump, and provokes her removal from the case. It’s the best-case scenario for her.

  21. It will be overturned then go the SC. If trump loses the election, don’t expect the SC to do him any favors cause there’s nothing in it for them and he’s a muti tim loser and asshole without anymore power. If he does win he won’t need the SC he can just end the cases or pardon himself.

  22. We have heard this for over a year now. It’s never going to happen. Sadly, I’m afraid this case will die in court, and it will pave the way for more corruption in the future.

  23. Everyone who has ever, *ever* stuck their neck out for Trump has lost everything. You’d think they’d have learned by now, but that’s cults for you.

  24. “could”

    Yeah, a species of pink unicorns might be living, undiscovered, deep in the African jungle. It’s exceedingly unlikely, bit it could happen.

  25. SoCal_GlacierR1T on

    I’ll celebrate when it, and anything relating to any Trump trials and cases, actually happens.