Complaint filed with 11th Court of Appeals against Judge Cannon

[LetMyPeopleVote]

This judge will have to answer this complaint

Link to tweet

Link to tweet

Link to tweet

Link to tweet

[malaise]

1. K & R

How does this work?

[AZSkiffyGeek]

9. That's what I'm wondering

Who is this Twitter account to have standing, and what exactly will be accomplished? And what is the Judiciary Council? This sounds questionable.

[DetroitLegalBeagle]

12. They file a complaint with the clerk of the Court of Appeals

Of the district the judge is in. Then hope and pray that their complaint is one of the few that actually get acted upon. Only about 1-2% of federal judicial complaints actually see any formal investigation.

[ancianita]

47. I believe this is a writ of mandamus.

I could be wrong, but this looks a lot like what a complaint re a ruling is.

https://www.justice.gov/jm/civil-resource-manual-215-mandamus

Mandamus at the Federal Level

In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.

The All Writs Act gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."

Further, 28 U.S. Code § 1361 gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."

https://www.law.cornell.edu/wex/mandamus

Which, if the 11th decides in favor of the plaintiff, the DOJ, it could refer the whole case to the DC Circuit or tell Cannon to review and follow the law. Which will undoubtedly force her to rescind her ruling on the 'special master.' And so the DOJ can proceed in its investigation, since Trump and lawyers will have exhausted all their delay plays.

[onenote]

56. Is there a link to what they actually filed?

From their description it doesn't sound like a petition for a writ of mandamus to me, but I haven't seen what they actually filed.

[ancianita]

59. I'll try and find it. Hold on...

[ancianita]

62. Looks like the justice.gov site doesn't have any news beyond Sept 2, and

Google Images doesn't show anything filed by the DOJ today. Sorry.

I'm sure we can expect to see a copy of the complaint soon, though.

Actually, though it doesn't, the tweet should have a copy available. It's weird that it doesn't.

[onenote]

65. This isn't a complaint filed by DOJ. It's some silly group with no standing

filing a "complaint" against the judge.

Not worth the paper its written on, if it was actually written and filed.

[TigressDem]

79. Complaint is better than an appeal, because it puts the judge's bad behavior on record.

THEN when an appeal is filed by the DOJ, these same issues can be pointed out in fairness, that it isn't just the DOJ who KNOWS this ruling breaks the law, but even the PEOPLE can obviously see the law isn't being followed and special treatment afforded during an ongoing investigation.

In fact with this in the works the DOJ could get even more aggressive and bring much more legal force to the issue.

Because these are "nobodies" who can see the truth plainly, the judge is REALLY out of bounds with it and the DOJ has not only a solid case, but public support.

[onenote]

115. Those"complaint" is a toothless publicity stunt

[Volaris]

64. Well that's a fun gambit ...

IMAGINE how much TrumpCo will scream like stuck hogs if this judges order gets reversed..

[ancianita]

76. A writ of mandamus is anything but a gambit.

This writ is a serious filing re a seriously flawed ruling, and would probably make the judge use rule on law on executive privilege and give up her stated urge to preserve her notion of Trump's "reputational damage."

[onenote]

81. You keep saying this is a writ of mandamus

But no one seems to have seen a copy and it was filed by a group with no standing. And it is unlikely that the government would file a motion for a writ of mandamus since it has the option of filing an appeal together with a request for stay of the district court order pending appeal.

[ancianita]

101. Understood. I'm talking about the DOJ and you're explaining that it's CTA. I get that.

And the standing issue is solved with the DOJ raising the issue of Cannon's poorly constructed ruling to the Circuit.

[Volaris]

83. What I meant by that is, it's filed by peeps that don't seem to have standing.

[onenote]

55. It doesn't as is explained in several of the posts down thread.

[SheltieLover]

2. Excellent! 👏👏👏👏

[jimfields33]

3. 2/3rd of the senate will be difficult to get

House can easily get the impeachment though with simple majority. At least it will be on her record.

[calimary]

34. Reason enough to do it.

We DO NOT need a judge on the bench whose rulings are virtual valentines to the donald for appointing her to that bench.

We see through you, girlfriend, and we know where your loyalties lie, and who you clearly and obviously recognize as your benefactor.

[PortTack]

4. Great news..thx for posting!

[GreenWave]

5. Judge Loose Cannon trapped like a rat!

[TigressDem]

80. We need that on a bumper sticker. nt

[secondwind]

6. YES!!!

[yankee87]

7. Impeachment or possible criminal charges

This judge is hoping TFG gets back in and she’ll be on the Supreme Court. At best she should be impeached, at worse, maybe an indictment for collusion.

[agingdem]

8. Yes!!

no more playing nice...Cannon's career is over...she's toxic...

[dchill]

10. I've decided that I am in favor of this action.

But only after 4 seconds of deep deliberation.

[former9thward]

11. The complaint is not serious

You may notice this is a click bait complaint.

"If you don't want to miss any news or developments as the the Judicial Council of the Eleventh Circuit responds to our misconduct complaint against Judge Cannon, give us a follow."

All they want is more followers on Twitter.

[Ocelot II]

14. And, from the FAQ pages about filing a complaint about a federal judge:

You cannot use this process to obtain automatic disqualification of a judge presiding over a case. In addition, you cannot use this process to challenge the correctness of a judge’s decision in a case. A judicial decision that is unfavorable to you does not alone establish misconduct or a disability. Under the Act, a complaint challenging the correctness of a judge’s decision will be dismissed. If you wish to challenge such a decision, you must do so before that court or on appeal, and not by filing a judicial conduct or disability complaint.

https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability/faqs-filing-judicial-conduct-or-disability-complaint

This won't go anywhere absent evidence of some kind of improper or ex parte influence.

[onecaliberal]

26. The sheer fact that she took the case... Let's see how the case was randomly assigned.

I would bet my savings account someone in the tick's orbit made all of this happen. It's payback for her appointment.

[question everything]

28. Thank you for the clear headed explanation

[SCantiGOP]

53. Thanks, Ocelot

I was almost certain this was the case, but scrolled down to see if someone had already looked it up.

The remedy for a bad decision is not going to be a disciplinary action (unless there is something sinister involved) but an appeal to the next higher court.

[wnylib]

67. If some ambitious investigative journalist

wanted to know more about Cannon's appointment and how Trump's case came before her, it might be interesting. I am not saying that there is anything inappropriate to find, just that the possibility exists, considering how Trump operates.

[SCantiGOP]

69. I would love it if it were true

How about a secret cellphone tape of the conversation where Trump promised the judge a Circuit Court appointment if she ruled as he wanted? That would be Christmas, our birthdays and winning the lottery all rolled up in one.

[reACTIONary]

112. +10 nt

[msfiddlestix]

15. exactly the confirmation I expected to find, intuiting it was click bait, then bam there it is.

wish there was a way to keep these from being posted.

it feels like it's kind of fraudy.. like the Nigerian letter in the old days.

[msfiddlestix]

17. oops duplicate..

[BlackSkimmer]

25. Thank you.

This OP has been posting tweets from numerous randos on twitter. This is just the latest.

This account is not verified by twitter and has less than 1800 following. Not sure what the motivation is here.

[question everything]

27. Wondered about this. One has to click on the links and with luck will not

be kicked out unless registering

[former9thward]

33. You are the only poster who disagreed with me.

I wonder why....

[BradAllison]

35. Any thoughts on Judge Cannon?

Curious what you think.

[former9thward]

37. I have never heard of her previous to this motion.

Why would I have any thoughts about her? I have previously posted in other threads that I don't think her ruling will have any significant effect on whatever happens in this matter.

[BradAllison]

39. Uh huh.

I mean, she's an example of the bought and paid for clowns we have many years of suffering through.


I wonder what Judge Scalia would think?

[BlackSkimmer]

41. Brilliant riposte!

[tritsofme]

36. What an utterly bizarre insinuation.

[BlackSkimmer]

40. Ad hominem attacks.

Always revealing.

[BradAllison]

42. What is you're opinion of the judge?

Love to hear it. I'm sure it's fascinating.

[BlackSkimmer]

46. First of all, "you're " is a contraction of you and are.

So that makes no sense. I’m sure you meant “your” which is possessive, as in “my” opinion.

I have no opinions of the judge, except that I feel certain she’s a tfg tool.

That still doesn’t negate the fact you made an ad hominem attack on another poster.

[BlackSkimmer]

50. I did answer you. Oh dear.

Reading comprehension is key.

[BlackSkimmer]

51. And another personal attack.

You are consistent, I give you that.

As another longtime DUer always says, profiles are interesting.

[Solomon]

32. Yep. I agree. This won't get anywhere.

[SunSeeker]

87. So what? Why not try? Everyone said Trump's motion wouldn't go anywhere.

Yet here we are.

[PortTack]

13. Barbara McQuade just said the DOJ could move the case to DC jurisdiction since the crime occurred

There and sidestep this whole mess.

Anyone with more knowledge?

[SoCalDavidS]

21. Barbara McQuade Says A Lot Of Things That Are No Longer Based In Reality

Just like many people here on DU, she believes that there is still a Rule Of Law in America, and that nobody is Above it.

WRONG!!!

This is why America is well on it's way, or already at, the point of being a Failed Nation. Slowly, more people are starting to realize this. She will too, at some point.

[onenote]

54. So why didn't the DOJ move for a change of venue?

Does McQuade think DOJ is incompetent or corrupt in not making that motion when it would have been timely. If a party fails to object to venue and seek a change before the case is heard, the issue is waived and can't be raised on reconsideration or appeal.

[PortTack]

57. Was just asking, because I didn't know

DOJ was tripped up by the ridiculous request of a special master? Even with that, the entire legal world, and the DOJ was taken aback by the even more ridiculous ruling by a partisan judge

[onenote]

58. You can't really think the DOJ attorneys weren't capable of making that motion

but were able to prepare a detailed written filing that made lots of other arguments and then present a strong oral argument in open court.

I've seen nothing that supports the argument that the Southern District of Florida was an improper venue for a case brought with respect to the fruits of a search warrant issued by that court and the resultant search conducted in the Southern District of Florida.

[PortTack]

74. Retired medical professional here...that's why I ask..I have no idea, while many here do

[FBaggins]

113. I can't see how she would know that

Trump went to Mar-a-lago over 100 times while he was president and often worked from there. How do we know that the documents involved weren't already there at the end of 2020? If so, the crime occurred in FL, not DC.

Also - remember that it's the DOJ that started the ball rolling in the 11th circuit. It's a bit late for them to claim that they should be able to transfer to a friendlier court.

[Samrob]

16. Who are these people bringing suit? nt

[Bobstandard]

18. They have no standing is my guess

[live love laugh]

84. They're based in Bethesda so you're probably right.

No standing — but a case could be made that as a national case all citizens everywhere have standing regarding potential threats resulting from disclosure.

[SunSeeker]

92. It is not a lawsuit. Anyone can submit a complaint about a judge.

It's like submitting a complaint to the state bar about a crooked attorney.

[BlackSkimmer]

24. I've asked twice.

No answer as yet.

Rando twits lol.

[SunSeeker]

93. Look them up on Facebook.

They're verified by Facebook and based in Maryland.


https://www.facebook.com/calltoactivism/


People tend not to give out their personal names on the internet for fear of being doxxed or attacked by MAGAts.

Almost everyone here posts anonymously, including you.

[BlackSkimmer]

94. "Verified by Facebook."

Nuff said.

[SunSeeker]

95. Why are you so angry at this group?

[Takket]

73. they are a political advocasy group, not a legal organization

this so called complaint is clickbait nonsense and will go nowhere.

[SunSeeker]

88. It's not that kind of complaint. It is not a lawsuit. It is a misconduct complaint.

It is like how you would file a complaint about a crooked lawyer with the state bar.

[Roland99]

105. Call to Activism has been pushed popular tweeter JoJoFromJerz (and lately Brian Karem, too)

Looking up Call to Activism there is really no transparency as to they're funding or purpose.

They seem to have a pattern of tweeting and asking a template type question as a followup and then a request for people to follow

[otchmoson]

19. Has anyone checked on Cannon's citizenship?

Does anyone know how to locate information regarding Cannon's citizenship. Her mother was Cuban; she was born in Colombia. Was her father an American citizen? Did she apply for naturalization? Just curious.

[AZSkiffyGeek]

44. Why are you curious?

Do you think an undocumented immigrant is a judge? Or just looking to spread rumors? Don’t bother answering.

[otchmoson]

63. After all the grief Obama went through with the birthers

I find it interesting how little we know about the judge. I don't have research tools. I could find that she was born in Colombia; that she received her J.D. from Michigan; that she was a member of the Federalist Society and the Delta Delta Delta sorority. I could find where she was employed, and the questionnaire she had to complete before her appointment to the bench. But here parentage, her relocation to the U.S., and her citizenship status were not available through the Google machine.

[FBaggins]

90. You don't think the Senate confirmation process would have checked?

Surprising to some... there is no citizenship requirement in the constitution.

But more than 21 Democrats would have voted against her if there were any reason to doubt it. Just think of the political power of (just before the 2020 election) we could point at an "illegal" getting past Trump.

[stopdiggin]

120. this one needs to go back in the box

there's speculation - and then there's inappropriate speculation.

[Zeitghost]

124. The grief Obama went through

was based on racism and bigotry. Why would you choose to engage in similar behavior?

[Ocelot II]

20. This won't go anywhere.

"You cannot use this process to obtain automatic disqualification of a judge presiding over a case. In addition, you cannot use this process to challenge the correctness of a judge’s decision in a case. A judicial decision that is unfavorable to you does not alone establish misconduct or a disability. Under the Act, a complaint challenging the correctness of a judge’s decision will be dismissed. If you wish to challenge such a decision, you must do so before that court or on appeal, and not by filing a judicial conduct or disability complaint." https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability/faqs-filing-judicial-conduct-or-disability-complaint

[BootinUp]

75. Helpful info. nt

[Layzeebeaver]

108. Plus, do they have standing on this issue?

Not just anyone can file a suit.

[Maraya1969]

114. I believe there is a lot more to this than just a simple challenge of the "correctness" of a

decision. She is obviously pandering to tfg. She made a case about it hurting his reputation as if that means something. She is obviously singling him out for special treatment just because he was once president of the US and may run again. And the horrible thing about that is HE is demanding special treatment also.

[Goonch]

22. 👇👇👇

[BlackSkimmer]

23. You keep posting this. Who are these people?

They're not even verified by twitter.

They have what, 1700 followers?

I'm no twitter person, but even I know that's small potatoes.

[Lettuce Be]

29. They have 732,600 followers as of this moment. They follow 1700++

You are looking at the wrong number.

[BlackSkimmer]

38. And who are they!

They’re not verified.

[SunSeeker]

91. They are a progressive social media activist group. They've been on Twitter since 2017.

They have over 830,000 Facebook followers and are verified on Facebook:



From their Facebook page:

WHO WE ARE

CALL TO ACTIVISM is among the “Top 25 most-engaged American Political Facebook Pages” according to the Pew Research Center.

With Facebook memes that reach up to 50 million Americans a month, CALL TO ACTIVISM informs and impacts change. We are a group of concerned citizens and social media practitioners that strive to counter Right-Wing lies with indisputable facts and decency.

OUR WORK
​
Our primary vehicle for change is Digital Activism through our powerful and informative memes.

We deliver hard-hitting news and action-based infographic headlines to millions of followers each day.

WHAT YOU CAN DO RIGHT NOW

We plan on doing everything we can to help the Biden Administration
effect positive change. Visit CALL TO ACTIVISM on Facebook every day and continue to LIKE and SHARE our daily headlines.

https://www.facebook.com/calltoactivism/
​
They also have a website:
https://www.calltoactivism.com/

[quaint]

30. I don't think their activism is based in altruism.

CALL TO ACTIVISM

6900 WISCONSIN AVE, SUITE 200

Bethesda, Maryland

United States of America

[AZSkiffyGeek]

43. It's based on viral clickbait

[Roland99]

106. yeah...see my post #105

I've been watching them the last several months and their m.o. is very predictable.

[H2O Man]

45. Recommended.

[BlackSkimmer]

48. Can you show us a copy of this "complaint"?

We’ll all wait here.

[48656c6c6f20]

52. Learned behavior says

This will never work. Go back to sleep.

[Handler]

60. Outstanding. Now we tap Hillary Clinton for SM . She has the credentials and clearances.

[vlyons]

61. Thank-you thank-you thank-you

Thank you Call to Activism!!!

She has proven herself to be a partisan non-objective unqualified judge.

[UTUSN]

66. K&R

[Hekate]

68. KnR

[Just A Box Of Rain]

70. Does this group have standing?

[LetMyPeopleVote]

71. You can file a complaint against Judge Cannon in the 11th Circuit. Check out http://uscourts.gov.

Link to tweet

[Ocelot II]

77. You can, but -

"You cannot use this process to obtain automatic disqualification of a judge presiding over a case. In addition, you cannot use this process to challenge the correctness of a judge’s decision in a case. A judicial decision that is unfavorable to you does not alone establish misconduct or a disability. Under the Act, a complaint challenging the correctness of a judge’s decision will be dismissed. If you wish to challenge such a decision, you must do so before that court or on appeal, and not by filing a judicial conduct or disability complaint." https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability/faqs-filing-judicial-conduct-or-disability-complaint

[SunSeeker]

86. Her opinion showed a bias in favor of Trump. That is grounds for a complaint.

...“Misconduct” is “conduct prejudicial to the effective and expeditious administration of the business of the courts.” A “disability” is a temporary or permanent condition, either mental or physical, that makes the judge “unable to discharge all the duties” of the judicial office.

Examples of judicial misconduct may include the following:

•using the judge’s office to obtain special treatment for friends or relatives;
•accepting bribes, gifts, or other personal favors related to the judicial office;
•engaging in improper ex parte communications with parties or counsel for one side in a case;
•engaging in partisan political activity or making inappropriately partisan statements;
•soliciting funds for organizations;violating rules or standards pertaining to restrictions on outside income or knowlingly violating requirements for financial disclosure;
•engaging in unwanted, offensive, or abusive sexual conduct, including sexual harassment or assault;
•treating litigants, attorneys, judicial employees, or others in a demonstrably egregious and hostile manner;
•creating a hostile work environment for judicial employees;
•intentional discrimination on the basis of race, color, sex, gender, gender entity, pregnancy, sexual orientation, religion, national origin, age, or disability;
•retaliating against complainants, witnesses, judicial employees, or others for participating in the judicial conduct and disability complaint process, or for reporting or disclosing judicial misconduct or disability;
•refusing, without good cause shown, to cooperate in the investigation of a judicial conduct or disability complaint or enforcement of a decision under the Rules; and
•failing to call to the attention of the relevant district chief judge or circuit chief judge any reliable information reasonably likely to constitute judicial misconduct or disability.

This list does not include all the possible grounds for a complaint.

You may complain about actions taken by a judge outside their official role as a judge if “the conduct is reasonably likely to have a prejudicial effect on the administration of the business of the courts, including a substantial and widespread lowering of public confidence in the courts among reasonable people.”

https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability/faqs-filing-judicial-conduct-or-disability-complaint#faq-What-can-I-complain-about?

Her opinion showed truly egregious bias in favor of Trump, like her basing her decision on her concern for Trump’s "reputational harm" over a lawfully conducted search, something no unbiased judge expresses for any defendent.

More people should be filing complaints against the miscreants Trump put on the bench. So what if it doesn't result in any consequences for the Judge? What's wrong with at least trying, and getting the complaint on record?

[SlimJimmy]

72. Why are you wasting our time with this?

This complaint is not from the DoJ

[SunSeeker]

89. Do you speak for everyone here, or were you using the royal "our"? nt

[SlimJimmy]

96. Sorry

I was using the royal we. I should be clear it's my opinion. But, I'm right. 😎

[SunSeeker]

97. Why the hostility to a group just trying to get an anti-Trump & Pro-Biden message out?

[SlimJimmy]

98. I'm not being hostile. But until it's the DoJ making the complaint or appeal

It's just noise, and clickbait. But you already knew that.

[SunSeeker]

100. Everyone has a right to file a complaint about bad judge.

If you are not interested in what this activist group filed, then keep scrolling. It serves no constructive purpose to bash them in this thread. They are just trying to get an anti-Trump & Pro-Biden message out. Why do Republicans' work for them by calling it "just noise, and cluckbait"? That is needlessly hostile to a group that is on our side.

[SlimJimmy]

103. Check it out. It's just a way for them to get views

But if you're interested, have at it. I'll pass.

[SunSeeker]

104. What's wrong with pro-Democratic groups trying to get views?

We need more progressive folks like this on social media. Social media is saturated by right wing trolls.

[SlimJimmy]

110. Fine, have at it.

I'm not wasting my time. Have a nice day.

[stopdiggin]

121. might be because - repeating for clarity, "Wasting our time"

this is not legal remedy (and it's questionable even as activism), it's just attention seeking.

[SunSeeker]

123. If it's such a waste of time, why are you posting in this thread?

I disagree that it is "questionable activism." "Attention seeking" is one of the key things activists do. It's what helps change things, and moves public opinion. As Speaker Pelosi famously said, "Public sentiment is everything."

If you don't want to help them, then at least don't bash them, especially on a Democratic discussion board.

[TigressDem]

78. K&R K& R K&R K&R K& R K&R K&R K& R K&R

OK... this is good.


Actual complaint is better than an appeal.

[Yo_Mama_Been_Loggin]

82. K&R

[Brainfodder]

85. Meanwhile, I read her being considered for next Republican pick SC opening?

I can't wait til the SC loopholes for removal are "found"?

[Jose Garcia]

99. "This judge will have to answer this complaint "

No she won't. That's not how it works.

[Novara]

102. I have no idea if this will succeed or not, but ...

... no judge appointed by a person should EVER rule on any cases involving that person, full stop.

We have got to have better judicial ethics. She should have been forced to recuse.

[AZSkiffyGeek]

116. So you don't want Biden appointees ruling on cases involving Student Loans?

Or his other executive orders?
Is that how this works?

[Novara]

117. No, it's not how it works. Trump is a criminal suspect.

Forgiving student loans is not a criminal act.

[Kingofalldems]

107. Kick and rec for triggered Trump fans.

[orthoclad]

109. What complaint?

All I see is "Link to tweet".

[Justice matters.]

111. K n R n Bookmark

Lock her up.

[YoshidaYui]

118. saw this tweet

glad some one here picked it up!

[zentrum]

119. All this is going to take

......forever, preventing indictments of Rump in time to effect the 2024 elections.

[stopdiggin]

122. Meanwhile - Merrick Garland and Justice are rolling eyes and saying ...

"Ah .... Thanks, guys? Think maybe we got this .. ?"
------ ------

[LetMyPeopleVote]

125. For this threaf

Link to tweet

[LetMyPeopleVote]

126. Call To Action filed an official complaint against Judge Cannon with the 11th Circuit

Link to tweet