June 16, 2023

Trump Trial Judge

US District Judge Aileen Cannon issued her first order since former President Donald Trump pleaded not guilty to charges brought by special counsel Jack Smith for allegedly mishandling classified information, instructing the parties to get the ball rolling to obtain security clearances for the lawyers who will need them.” CBS News

“After federal agents searched Trump's Mar-a-Lago residence last year in Palm Beach, Florida as part of their probe, Cannon was thrust into the spotlight when Trump's lawyers asked her to halt the FBI's review of records. Cannon agreed with Trump's lawyers that the FBI should not review the records until an independent third party scrutinized them for materials that could be covered by attorney-client privilege or executive privilege, legal doctrines that might shield some documents from disclosure… An appeals court later overturned Cannon's decision.” Reuters

Some legal experts have called on Cannon to recuse herself from the current case. Newsweek

Here’s our recent coverage of the indictment. The Flip Side

Here’s our coverage of Cannon’s prior ruling. The Flip Side

See past issues

From the Right

The right argues that Cannon has no need to recuse herself from the case.

From the Left

The left calls on Cannon to recuse herself from the case.

The left calls on Cannon to recuse herself from the case.

A libertarian's take

“[Recusal] Motions are almost never — I am tempted to say ‘functionally never’ — granted because of how the judge acted in the case. Almost all of the cases finding that disqualification is mandatory involve an ‘extrajudicial source’ — that is, a sign of bias arising outside the judge’s conduct in the case, like evidence that the judge has stock in a company that’s a party, or previously represented a party as a lawyer, or received information about the case through an extrajudicial source…

“It’s difficult to convey to you what a solid wall of precedent there is on this point… because this belief — that it’s objectively unreasonable to doubt the neutrality of a judge who makes ridiculously partial rulings or says inflammatory things — is immovably ensconced in the judicial mindset but completely ridiculous to most normal people… Any ruling that Judge Cannon must be recused because of her frankly lawless rulings for Trump would be extremely and norm-breakingly unusual.”
Ken White, Popehat Report

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