LAY THAT GAVEL DOWN, JUDGE CANNON

June 14, 2023 -Durt Fibo

Justice Aileen Cannon was not the authority who oversaw Tuesday’s initial court arraignment, but she is still the Judge ‘randomly’ assigned to conduct the case Special Prosecutor Jack Smith will be presenting against Donald Trump, at least in the vital procedural stages; setting dates, allowing or disallowing evidence, testimony or witnesses, for example. Beyond that -if it ever got beyond that- she would also determine the sentence. For a big laugh, she could simply dismiss the case. For a knockout hoot, she could (under Rule 29 of the Federal Rules of Criminal Procedure), after the trial, preempt the jury’s deliberations and decide the case according to her own legal ineptitude. This way the case could then never be appealed or retried, as that -attempted after that point- would amount to subjecting a defendant to double jeopardy. However, she can be removed from any involvement at all in a few ways.

Because Magistrate Judge Bruce Reinhart was also named on the current Trump summons along with Cannon’s, a legal tradition has asserted itself in favoring judges the court considers to be ‘related’ to the indictment. In doctrina, this means that Reinhart could be assigned the case if Cannon recuses herself or is forced to. As of yet, it is not even definite that she will conduct the entire proceeding.

Cannon, whom Trump appointed after he’d lost the 2020 election, had just over a year ago displayed such brutal interference, manipulation and ignorance, that she was subsequently upbraided by her superiors in the U.S. Court of Appeals for the 11^th Circuit and had her rulings reversed, The 3 judges who did so were a G. W. Bush appointed Federalist Society stalwart and two Trump-appointed justices. So shame might have been birthed somewhere deep within the Dishonorable Cannon, or she could be too embarrassed to test her employment further.

Otherwise, since this is a Federal case, The DOJ could submit a writ of mandamus to the superior court which had to clean up Cannon’s last mess. This writ is a request for a higher court to order the lower court to rule on an issue; specifically to compel a lower court to perform an act that is classified as ministerial but that the court has a clear duty to execute under law. Such as recusing or removing a tainted judge from a case for starters.