Mueller, She Wrote: Two briefs have been filed with the 11th Circuit to REMOVE JUDGE CANNON

[Dennis Donovan]

Link to tweet

Mueller, She Wrote
Two briefs have been filed with the 11th Circuit to REMOVE JUDGE CANNON. My latest:

Judge Cannon Should Be Removed

In the past week, two groups of Amici filed briefs with the 11th Circuit to argue that Judge Cannon should be removed from the Trump Espionage and Obstruction classified documents case. Let's review!

MuellerSheWrote
Sep 13, 2024

The first brief was filed on behalf of the Citizens for Responsibility and Ethics in Washington (CREW), and focuses solely on the removal of Judge Cannon. The second brief was filed on behalf of 18 people and entities including George Conway, Olivia Troye, and Laurence Tribe, and focuses both on her removal and reversing her ruling dismissing the case on the grounds that the Special Counsel was appointed and funded inappropriately. For the purposes of this post - I’ll focus only on the removal aspect. Andy McCabe and I will discuss the dismissal issue argued in the second brief on the Jack podcast.

Let’s begin with the Amicus Brief filed on behalf of CREW. There are two things that give the 11th circuit the power to remove Judge Cannon. The first is 28 U.S.C. § 2106, and the second is 11th circuit precedent in United States v. Torkington.

28 U.S.C. § 2106 says: The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.

That’s pretty straightforward. The court has the power to remove her from the case and reassign it to a different district judge on remand. And there’s precedent for that in the 11th circuit. The Torkington case.

/snip

Got to hand it to CREW - they keep trying!

[Blue Owl]

1. K&R

[Silent Type]

2. I wish them luck, but not counting on anything happening.

[Kid Berwyn]

3. Gotta try. And I'll stand by both groups in their work for justice.

Keep up the Good Fight, CREW and Professor Tribe & Co.! Judge Cannon is working to obstruct justice -- AND an active counter-espionage operation.

[SheltieLover]

4. Excellent!

[AllaN01Bear]

5. eggscllent.

[Cha]

6. What a fucking Creep Corrupt "judge".

[onenote]

7. The one thing that they fail to address: that Smith hasn't asked for this relief.

Distinguishes it from the Torkington case.

[Evolve Dammit]

8. Doesn't matter at this point. She did her job and will be rewarded

[ancianita]

11. It should definitely matter to the 11th since it reflects on the 11th's own jurisprudence, and

Last edited Fri Sep 13, 2024, 06:57 PM - Edit history (1)

would present the 11th as inconsistent with their own Torkington ruling where the judge they removed had been reversed once. They have reversed Cannon twice already for equally serious, if not more serious grounds, because of classified documents related to US national security.

Then there's the added controversies of her biased jury instruction "example," and her months of delays on pre-trial motions on her docket, but then just like that, her quick decision to dismiss.

Her bias, legal incompetence, and their own previous rulings seriously reflect on the whole of the 11th Circuit.

[Evolve Dammit]

15. Appreciate the juris prudence insight. Hope that any and all accountability are executed as I think she is unfit. nt

[ancianita]

18. I'm totally with you on her unfitness for even sitting on the bench.

Don't be discouraged, ED. I know you know that the 11th knows this is too important a national security case for the 11th to indulge this judge's dangerous incompetence and clear bias.

I just wish they'd hurry up and rule before the election.

[Evolve Dammit]

19. indeed. Post Haste. Thanks for your valuable insights.

[Demobrat]

13. Not if Trump loses. She's looking at a wonderful future.

Her reputation shot, her Supreme Court dream over, and nothing to show for it. Certainly not money. He hates paying people for their work. He’s not going to do anything for her. She backed the wrong horse and she will end up screwed like everyone else he comes into contact with.

[Evolve Dammit]

14. one can hope that is the outcome. I certainly do.

[Demobrat]

16. Yes. I know I stated it as a foregone conclusion.

Even as I was typing I knew I was fantasizing. BUT there’s a very good chance it WILL happen. That’s gonna have to suffice for now.

[Evolve Dammit]

17. Agreed.

[duhneece]

9. CREW successfully prevented Cowboys for Trump for running for any

…. elected position in the US.
If anyone can, CREW can.

[ffr]

10. Either she's Putin's other puppet or she is a defacto Putin puppet. She's a national security risk at the highest level

She needs to be removed and the case needs to go forward swiftly!!!

[calimary]

21. Abso-freakin'-lutely!!!

[Prairie_Seagull]

12. Wouldn't these filings themselves,

give a judge enough of an appearance of impropriety that they would add legal fodder for either side in a court case she is sitting in judgement of?

[AKwannabe]

20. I'm with ya

Keep trying



…

[edhopper]

22. Why hasn't Jack Smith also

Filed?

[ancianita]

23. Filed what? A request for her removal?

His appeal is on jurisprudence grounds, and he doesn't presume to ask the 11th what to do about that.

The amici senders, however, take up the People of the United States' voice in filing for her removal, which is much more appropriate and allows the 11th to understand that no political bias exists in the Smith filing (for the Government) or in the amici (for The People) filed.

So the filings made thus far are the best The People and the Government can do.

The 11th's past rulings to remove a judge, and these major filings give the 11th the righteous jurisprudence momentum it needs to rule against her.

On July 17, with permission from the Justice Department,[151][152] Special Counsel Smith filed a notice of appeal,[22] and on August 26 he asked the 11th U.S. Circuit Court of Appeals to reinstate the case. The filing noted the distinction in the Appointments Clause of "inferior officers" who can be appointed directly by the head of an agency without presidential appointment and Senate confirmation, as would be necessary for principal officers. Prosecutors, disputing Cannon's ruling that found no specific statute permitted Garland's appointment of Smith, asserted that at least four statutes empower an attorney general to appoint a special counsel, and such authority had been acknowledged by courts dating to the prosecution of Jefferson Davis after the Civil War. The filing added:

The Attorney General validly appointed the Special Counsel, In ruling otherwise,the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel's appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.[24][153]...

On July 30, 2024, Attorney General Merrick Garland spoke to Ken Dilanian on NBC Nightly News, Garland said he disagreed with Cannon's ruling that his appointment of the special counsel had been unconstitutional. He said: "For more than 20 years, I was a federal judge. Do I look like somebody who would make that basic mistake about the law? I don’t think so."[174]

https://en.wikipedia.org/wiki/Federal_prosecution_of_Donald_Trump_(classified_documents_case)

[Tadpole Raisin]

24. I wish one of the briefs was from the colleague judges who

advised her to step down when she was assigned the case but that would probably be verboten.

On the other hand I’d be hard pressed to believe that the judge scuttlebutt wouldn’t make the appeals court well aware of this fact.