The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trumpās four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannonāa last-minute appointment rushed through in the waning days of the Trump administrationāhas proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannonās unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a āclear errorā that led to āmanifest injustice.ā ā¦
Weāve seen the same thing with Trump for seven years. āThis could be the one, folks!ā Spoiler: it never is. Iām so tired of this speculative, wish-fulfillment journalism.
Journalists are not lawyersā¦
Some actual lawyers have chimed in here and said that getting a judge, even one as blatantly biased as Cannon, removed from a case is basically impossible.
Turns out, thereās a set legal definition on bias, and itās one of the hardest standards to meet.
Plot twist: Journalists arenāt even journalists
The judgement on the NY fraud case is real. If he wants to appeal, he has to pay the full amount and then some in escrow, and he probably doesnāt have that cash on hand.
Itās the first step. Itās real.