{"id":2254095,"date":"2024-05-28T07:31:02","date_gmt":"2024-05-28T11:31:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-aileen-cannon-is-the-latest-object-of-democrats-recusal-obsession\/"},"modified":"2024-05-28T07:33:45","modified_gmt":"2024-05-28T11:33:45","slug":"judge-aileen-cannon-is-the-latest-object-of-democrats-recusal-obsession","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-aileen-cannon-is-the-latest-object-of-democrats-recusal-obsession\/","title":{"rendered":"Democrats&#8217; Latest Recusal Craze Targets Judge Aileen Cannon"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjudge-aileen-cannon-is-the-latest-object-of-democrats-recusal-obsession%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2254095&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Democrats are strategizing around\u2064 a new recusal scandal following Special Counsel\u2062 Jack Smith&#8217;s motion in the case against Donald Trump in Florida. Smith requested Judge Aileen Cannon, a Trump appointee, to restrain Trump from making incendiary public statements. Several leftist lawyers and commentators perceive this as a strategic move, intended to illustrate Cannon&#8217;s bias\u2062 should she fail to act. They\u200d believe \u2063this could set the stage\u2064 for an appeal, potentially leading\u200b to Cannon&#8217;s removal \u200dfrom \u200bthe case. However, many consider\u200c it highly improbable, given \u200cthe rarity \u2064of case reassignments in the 11th Circuit \u200dCourt, which presides over Florida among others.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"article-content\">\n<p>Democrats began concocting a new recusal scandal on Friday, following Special Counsel Jack Smith\u2019s filing of a motion in the federal documents case now pending against Donald Trump in Florida. That motion requested that the presiding judge, Trump-appointee Aileen Cannon, prohibit the former president from making \u201cpublic statements that pose a significant, imminent, and foreseeable danger to the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jack-smith-asks-judge-to-stop-trump-from-making-claims-about-fbi-assassination-plot\/\" title=\"Jack Smith requests court intervention to prevent Trump from making allegations regarding FBI assassination conspiracy\">law enforcement agents participating<\/a> in the investigation and prosecution of this case.\u201d <\/p>\n<p>Soon after Smith filed the motion, leftist lawyers responded as if the special counsel\u2019s request were some five-dimensional chess move that will finally lead to Cannon being pulled from the case. Roger Parloff, a senior editor at Lawfare, first <a href=\"https:\/\/x.com\/rparloff\/status\/1794177610752377228\">hinted<\/a> at the theory on Friday evening, suggesting Smith had \u201ccrafted\u201d the motion \u201cto highlight Judge Cannon\u2019s bias &#038; hypocrisy if she fails to take action.\u201d <\/p>\n<div class=\"fdrlst__b89e9-paragraph-2-long d-flex justify-content-center\" style=\"margin-left: auto; margin-right: auto; text-align: center; \" id=\"fdrlst__b89e9-1584062435\">\n<div id=\"div-gpt-ad-1379703300879-0\" class=\"mb-30\"><\/div>\n<\/div>\n<div class=\"fdrlst__b89e9-289cc3ce155e44a9ef71c15a81740231 fdrlst__b89e9-paragraph-2\" id=\"fdrlst__b89e9-289cc3ce155e44a9ef71c15a81740231\"><\/div>\n<p>Andrew I-Accidently-Wiped-My-iPhone Weissmann expanded on Parloff\u2019s ponderings, <a href=\"https:\/\/x.com\/AWeissmann_\/status\/1794188347377856618\">posting<\/a> late Friday on X: \u201cSmart move by Smith as Judge Cannon won\u2019t be likely to grant the gag order, will show her patent bias, and Smith can then appeal to the 11th Circuit.\u201d <\/p>\n<p>Soon law professor Laurence Tribe amplified Weissmann\u2019s brainstorm, <a href=\"https:\/\/x.com\/tribelaw\/status\/1794321145187143902\">reposting<\/a> it and commenting, \u201cSmith has finally teed up a motion whose likely denial by Judge Cannon should lead CA11 to take her off the stolen documents case against Trump\u2026\u201d <\/p>\n<p>Former U.S. Attorney-turned-law professor and NBC\/MSNBC legal analyst Barb McQuade repeated the trope, <a href=\"https:\/\/x.com\/BarbMcQuade\/status\/1794365167062405564\" target=\"_blank\" rel=\"noreferrer noopener\">posting<\/a>, \u201cJack Smith is seeking a court order to prevent Trump from making more false and dangerous accusations against the FBI in Mar-a-Lago case. If Judge Cannon refuses, this could be the move that tees up recusal.\u201d<\/p>\n<p>The idea that the 11th Circuit Court of Appeals \u2014 the federal circuit court that hears appeals taken from Judge Cannon\u2019s court and other district courts in Florida, Alabama, and Georgia \u2014 would \u201crecuse\u201d her if she denies the special counsel\u2019s motion is fantastical. First, appellate courts don\u2019t \u201crecuse\u201d a judge; they reassign a case. Second, reassignment is extremely rare, especially in the 11th Circuit, with a 2018 <a href=\"https:\/\/repository.law.miami.edu\/cgi\/viewcontent.cgi?article=4546&#038;context=umlr\" target=\"_blank\" rel=\"noreferrer noopener\">article<\/a> noting that over a 50-plus-year period, the circuit court had reassigned only 28 cases. In contrast, during that same time, the Seventh Circuit, where I served as a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/i-researched-judicial-ethics-rules-for-years-heres-why-the-alito-recusal-calls-are-ridiculous\/\" title=\"After Extensive Research, Why Demanding Alito's Recusal Seems Absurd\">career law clerk<\/a> for nearly 25 years, reassigned cases 324 times. Even then, the judges were loath to do so.<\/p>\n<div class=\"fdrlst__b89e9-647bbc5cc1a39a8297d89d065428f7e0 fdrlst__b89e9-paragraph-6\" id=\"fdrlst__b89e9-647bbc5cc1a39a8297d89d065428f7e0\"><\/div>\n<p>While reassignment in the 11th Circuit is rare, it does happen, but the cases where it does are extreme and involve more than the appellate court believing the lower court erred. For instance, reassignment was ordered where the judge had questioned \u201cfrom the bench \u2026 the wisdom of the substantive law he had to apply and challenged the government\u2019s decision to prosecute [the Defendant.\u201d] The trial judge in that case had said the prosecution was \u201csilly\u201d and \u201ca waste of the taxpayers\u2019 money.\u201d The 11th Circuit also concluded the judge had \u201cdemonstrated great difficulty in putting aside his prior conclusions about the merits of this prosecution.\u201d<\/p>\n<p>In contrast, Judge Cannon\u2019s only appearance of a supposed bias comes from her ruling against Smith\u2019s office. And in the context of Smith\u2019s latest motion, which effectively seeks a gag order on the leading presidential candidate in the months leading up to the November 2024 election, a denial would not establish Cannon\u2019s bias. <\/p>\n<p>In fact, it seems unlikely the 11th Circuit would reverse Cannon if she were to deny Smith\u2019s motion because that motion seeks a vague and overbroad limit on Trump\u2019s speech. Specifically, Smith seeks an order conditioning Trump\u2019s release on him not making \u201cpublic statements that pose a significant, imminent, and foreseeable danger to the law enforcement agents participating in the investigation and prosecution of this case.\u201d <\/p>\n<p>But what Smith presents as dangerous statements are nothing of the kind. For instance, Smith complained that Trump posted that the FBI \u201cWAS AUTHORIZED TO SHOOT ME,\u201d was \u201cjust itching to do the unthinkable,\u201d and was \u201clocked &#038; loaded ready to take me out &#038; put my family in danger\u2026\u201d<\/p>\n<div class=\"fdrlst__b89e9-28da49def642f08c6101f766256fe08d fdrlst__b89e9-paragraph-10\" id=\"fdrlst__b89e9-28da49def642f08c6101f766256fe08d\"><\/div>\n<p>Nothing about those accusations creates a \u201csignificant, imminent, and foreseeable danger.\u201d Yet if Smith\u2019s motion were granted, those same words would subject Trump to arrest and detention pending his trial. Thus, not only is it unlikely Judge Cannon will grant Smith\u2019s motion, but it is equally unlikely the 11th Circuit would conclude she erred in denying the request.<\/p>\n<p>Judge Cannon won\u2019t be deciding Smith\u2019s motion just yet, however. On Monday, Trump\u2019s legal team filed a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.flsd.648653\/gov.uscourts.flsd.648653.583.0_1.pdf\">motion to strike <\/a>the special counsel\u2019s latest gambit and sought sanctions. Trump\u2019s motion argues a purely procedural matter, namely that the special counsel disregarded local rules that require the attorneys to confer with each other before filing motions. <\/p>\n<p>No such conferral occurred, Trump\u2019s lawyers noted, with Smith\u2019s legal team instead informing them at 5:30 p.m. on Friday that they would be filing the motion. The special counsel\u2019s office then did so over objections from attorneys for the former president, who asked prosecutors to discuss the motion on Monday first. Prosecutors had no valid reason to rush the filing, Trump\u2019s lawyers said, stressing that nothing would happen over the long Memorial Day weekend.<\/p>\n<p>Why then did they file the motion when they did? Trump\u2019s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrat-opponent-of-anti-big-tech-bills-says-her-daughters-google-job-doesnt-influence-her\/\" title=\"Democrat Opponent Of Anti-Big Tech Bills Says Her Daughter\u2019s Google Job Doesn\u2019t Influence Her\">legal team doesn\u2019<\/a>t know but asked the court to find out by inquiring about the prosecution\u2019s purpose during an evidentiary hearing.<\/p>\n<p>While it is unlikely Judge Cannon will quiz the prosecutors on their motives, she may well chastise the special counsel\u2019s office for violating the local rules that require opposing counsel to confer before filing motions. She is also likely to require such conferral before considering the motion.<\/p>\n<p>But no matter how Judge Cannon ultimately rules on the motion, no one should expect the 11th Circuit to reassign the case. Heck, reassignment probably wasn\u2019t even wishful thinking for Weissmann and his ilk. Rather, it seems likely they floated the theory to provide a hook to re-up calls for Judge Cannon\u2019s recusal.<\/p>\n<div class=\"fdrlst__b89e9-ce1968f26ae071579303b0389d58aa82 fdrlst__b89e9-after-post-content\" id=\"fdrlst__b89e9-ce1968f26ae071579303b0389d58aa82\"><\/div>\n<hr class=\"wp-block-separator\">    \t\t\t\t\t   \t\t\t\t\t\t\t\t\t<\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Democrats ignited another recusal controversy following Special Counsel Jack Smith&#8217;s motion against Donald Trump in a Florida case. He urged presiding judge, and Trump-appointee, Aileen Cannon to stop Trump from making public statements causing potential threats. The conflict focuses on whether the ex-president&#8217;s remarks could influence public sentiment unduly<\/p>\n","protected":false},"author":499,"featured_media":2254096,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/Cannon-2021.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[],"class_list":["post-2254095","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/Cannon-2021.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2254095","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/499"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2254095"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2254095\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2254096"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2254095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2254095"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2254095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}