Judge Cannon has appeared confused by basic legal concepts and indulged the Trump defense team’s wildest arguments

Over the course of seven public hearings related to Donald Trump’s classified documents case, a picture has emerged of Judge Aileen Cannon sometimes appearing prepared for legal questions but at other times having difficulty comprehending even the simplest concepts.

In the view of prosecutors and several legal experts, her tendency to repeatedly ask the same question or miss the point of an argument is proof that the Trump-appointed judge is ill-suited to handle a trial that has already been delayed, repeatedly, by her willingness to grant hearings over the Trump team’s most far-fetched requests. The case’s slow progress, they argue, plays into Trump’s strategy of pushing it past Election Day, and then, if elected, stopping it from ever happening.

  • hydroptic@sopuli.xyz
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    6 months ago

    Conservatives can’t be trusted to serve in public positions. They will literally always ditch their principles – if they ever had any in the first place – to serve their political goals, naturally claiming that this is what “the left” does so it’s OK for then to do it too

    edit: this is why any sort of jury trial for Trump is probably doomed to fail. Any conservative jurors will favor him no matter what, and will absolutely lie about their plans to do so in the selection process

    revenge of the edit: so the NY conviction was by a jury, happy surprise

    • clif@lemmy.world
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      6 months ago

      Did you see trump was convicted on all counts in the NY false documents trial?

      I was surprised too…

    • Natanael@slrpnk.net
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      6 months ago

      The fresh round of 34 convictions was from a jury trial. Get jury selection right and he’s toast

      • ironhydroxide@sh.itjust.works
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        6 months ago

        Though I agree, I think they’re worried about how to select a jury that is allowed to see the evidence.

        I mean, those with high enough security clearances are less likely to be seen as impartial by Drumpfs supporters. (Not that they see anything but full and undying support as impartial) and more likely (so I would suspect) to convict than those who don’t have security clearances.

        • Zorsith
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          6 months ago

          People at any clearance level have been asking since day one how he is still able to see sunlight. Day 1 classification training explicitly lays out penalties.

        • Tower@lemm.ee
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          6 months ago

          Jurors are not issued security clearances.

          https://www.politico.com/news/2023/06/14/trump-trial-classified-documents-public-00102023

          AI summary of the process using the article and other sources -

          The process of presenting classified information at a trial involves careful adherence to the Classified Information Procedures Act (CIPA), which provides a framework for handling such sensitive materials while balancing national security interests and the defendant’s right to a fair trial.

          1. Pretrial Procedures:

            • A pretrial conference is held to discuss how classified information will be managed. The court issues protective orders to prevent unauthorized disclosures [❞] [❞].
            • The government can request to delete or redact classified information from discovery or provide unclassified summaries instead. This request is typically made in a private (ex parte) and closed (in camera) session with the judge [❞] [❞].
          2. Defense Counsel Clearance:

            • Defense attorneys often need security clearances to access classified information. Defendants typically do not receive direct access to such information, especially if it poses significant national security risks [❞] [❞].
          3. Use at Trial:

            • Before trial, defendants must notify the court of any classified information they intend to disclose. The court holds a hearing to determine the admissibility of this information, and the government may propose substitutions or redactions [❞] [❞].
            • If the court deems the classified information relevant and admissible, the government can suggest unclassified summaries or stipulations to ensure the defense can still present their case effectively [❞].
          4. Jury Considerations:

            • Jurors typically do not need security clearances. Instead, the court ensures that any classified information presented at trial is sufficiently sanitized or summarized so that it does not compromise national security but still conveys the necessary details for the case [❞].
          5. Interlocutory Appeals:

            • The government has the right to appeal pretrial court decisions that it believes improperly compel the disclosure of classified information. This is a crucial mechanism to protect sensitive information throughout the trial process [❞].

          This structured approach aims to protect classified information while upholding the integrity of the judicial process.

      • tacosplease@lemmy.world
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        6 months ago

        Legal experts think she is trying to help Trump. Imma go with their opinions on this one.

        She is also stupid though.

      • gnutrino@programming.dev
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        6 months ago

        I dunno the general opinion seemed to be that she was a competent, if not particularly outstanding, judge before she started getting Trump’s cases. Looks like a pretty cut and dried case of bias to me, presumably with an eye to getting a(nother) leg up in her career if he becomes president again to add a little spice of blatant corruption to the mix.

  • Flying Squid@lemmy.world
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    6 months ago

    Haven’t people said there’s a way for Jack Smith to appeal for a different judge if it’s shown she isn’t doing her job? Why hasn’t he done that?

    • phdepressed@sh.itjust.works
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      6 months ago

      Because it is a Hail Mary option. He can appeal but doing so unsuccessfully ensures that Cannon switches from this passive help of the defense to being outright against the prosecution which makes things harder than they already are. A successful appeal still creates a delay in the trial because the new judge has to get up to speed.

      • Gumby@lemmy.world
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        6 months ago

        I think at this point she’s already shown that she IS outright against the prosecution.

      • takeda@lemmy.world
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        6 months ago

        It’s not like she is already against prosecution. I don’t believe it could be any more partisan than it already is.

        As for delay her last ruling essentially made it indefinite.

    • Dr. Bob@lemmy.ca
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      6 months ago

      If they said that, they’re wrong. There are very limited circumstances that allow an appeal to the 11th circuit and she hasn’t tripped those wires yet…mostly by not issuing rulings. Scheduling is not an appealable matter.

      • TranscendentalEmpire@lemm.ee
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        6 months ago

        I may be wrong, but I think scheduling is an appealable matter, but only for the defense. Right to a speedy trial and whatnot.

        But yeah, it’s pretty obvious she’s waiting to dismiss the case once a jury has been selected so she can force a double jeopardy scenario.

        The justice department needs to come up with a new way to dismiss or punish federal judges who cannot remain impartial, or are so obviously abusing their positions.

        • Dr. Bob@lemmy.ca
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          6 months ago

          According to the crowd at Lawfare not one single day has tolled on the speedy trial clock. So while you are correct in the abstract, we aren’t close to the trigger point for that to occur.

          • TranscendentalEmpire@lemm.ee
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            6 months ago

            Makes sense the defense wants to slow the trial down as much as possible, so I doubt they’d be pressing for a speedy trial. My comment was mostly pedantic as it isn’t something that the prosecution can really utilize.

            • Dr. Bob@lemmy.ca
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              6 months ago

              Jack Smith was pressing for a speedy trial arguing that it’s the right of the people to see justice done equally as much as it’s a right of the defendant. We see how well that’s worked out.

  • Paragone@lemmy.world
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    6 months ago

    But they can’t do anything about it, right?

    That, right there, calls the entire legal-profession & “justice” system into contempt of justice.

    “Checks & Balances” are supposed to prevent ideological highjacking of the judiciary, right?

    Obviously, it was all pretend, all “nudge nudge wink wink” “checks & balances”.

    The legal profession either will finish giving totalitarianism the leverage it needs to exterminate civil-rights,

    XOR ( exclusive-OR ) it will get rewritten in ways that prevent such obscenity from wearing the legal-profession & calling itself “justice”.

    I’m not holding my breath for the Justice solution: incumbent lobby/interest groups wouldn’t ever allow integrity to crimp their style, would they?