(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . With Latest Ruling, Judge Cannon Brings Up Defense Claims Even the Defense is Not Raising. [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-08-07 Judge Aileen Cannon, apparently unsatisfied with being the inspiration for satire, has decided to ignore the criticisms and laughter and go all in on her “objectivity” as it applies to the Trump Mar-A-Lago case. Asking for information from a Grand Jury, being apparently unaware of the Federal Rules of Criminal Procedure, and generally agitating the prosecution is not exactly a display of competence or impartiality, is it? US District Judge Aileen Cannon, a Trump appointee, on Monday ordered both sides to file briefs on how Special Counsel John “Jack” Smith’s team used a grand jury in Washington to continue gathering evidence after it had already indicted Trump in Florida using a grand jury in Miami. The involvement of multiple grand juries is an issue raised by Trump’s lawyers as a potential line of attack against the prosecution because there are rules that limit how and where the government can use them. Cannon’s order puts Smith on the spot early on to explain the process. Cannon’s order was prompted by a request by Smith’s team last week for a hearing on whether there were conflict of interest problems related to Stanley Woodward, a lead attorney for Trump’s co-defendant and personal aide Waltine “Walt” Nauta. Does she not know the process? More to the point do these actions threaten the progress of the Grand Jury in D.C.? And did Cannon just get rope-a-doped by a much smarter Jack Smith? From what I have been told, Smith anticipated this, and is not at all upset. Anyone revealing the workings of a sitting Grand Jury, in an attempt to get information to aid the defense would be facing a legal problem. If, hypothetically, a Federal Judge were to I would think it to be unprecedented. I said hypothetically. Here is a competent Twitter thread to untangle this mess: x Judge Aileen Cannon doesn’t know the law. Grand Jury Rule 6(e)(3)(C), explicitly states: (C) An attorney for the government may disclose any grand-jury matter to another federal grand jury. Order below: Cannon order 23-80101 - DocumentCloud https://t.co/YT1Z8Sq6wF — James F. Love IV (@JamesFLoveIV) August 7, 2023 x Jack filed evidence from the DC grand jury with the Miami GJ and asked it be sealed. (It’s GJ evidence.) Cannon denied him and struck the filings from the record. She then questioned whether it was legal to use the DC GJ evidence at all, and ordered briefing. (Delay.) — James F. Love IV (@JamesFLoveIV) August 7, 2023 And who asked her to do this? x No one. Jack filed and ask the grand jury evidence from D.C. be sealed. She denied it and struck it from the record, then sua sponte raised the question of whether or not the evidence could be shared and scheduled briefing on it. — James F. Love IV (@JamesFLoveIV) August 7, 2023 I expect Cannon to be removed from this case by the 11th circuit, period. If she doesn’t, and prosecutors press the issue, then we can look to precedent from the 11th U.S. Circuit Court of Appeals, the court that rejected her rulings in the special master litigation. While Trump’s case is unprecedented, an examination of circuit case law suggests kicking Cannon off the case is possible but not a foregone conclusion. This is a reminder of what it would take to see that happen: We already knew U.S. District Judge Aileen Cannon is relatively inexperienced, and that her conduct in previous Donald Trump litigation suggested she wasn’t up to the task of overseeing his classified documents case. A Reuters report published Friday further underscores the Trump appointee's lackluster record, highlighting apparent errors she made in another case. But before noting those reported errors and their significance, it’s important to remember they won’t result in kicking Cannon off the classified documents case. As I’ve noted, generally being a bad judge doesn’t necessitate reassignment (and she hasn't recused herself). Rather, precedent indicates what’s needed is outlandish conduct within a particular case. The appearance of inventing defense arguments out of thin air would seem to meet that clear standard. -ROC [END] --- [1] Url: https://www.dailykos.com/stories/2023/8/7/2185844/-With-Latest-Ruling-Judge-Cannon-Brings-Up-Defense-Claims-Even-the-Defense-is-Not-Raising Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/