FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024

There’s an article in the NY Times today about Cannon’s running of this case - here’s a gift link. It expands upon Aspenglow’s excellent post above, adding interesting (to me) details on how she has run the hearings so far.

Some excerpts:

The portrait that has emerged so far is that of an industrious but inexperienced and often insecure judge whose reluctance to rule decisively even on minor matters has permitted one of the country’s most important criminal cases to become bogged down in a logjam of unresolved issues.

Regardless of her motives, Judge Cannon has effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing.

She has largely accomplished this by granting a serious hearing to almost every issue — no matter how far-fetched — that Mr. Trump’s lawyers have raised, playing directly into the former president’s strategy of delaying the case from reaching trial.

This exchange is…really something:

Something similar happened moments later when Judge Cannon turned to David Harbach, one of the prosecutors, to discuss Mr. Woodward’s request.

Mr. Harbach had just spent the better part of five minutes telling the judge that Mr. Woodward’s claims of misconduct were a “fantasy” and that, under the law, he was not entitled to rummage around in the government’s private messages.

But Judge Cannon seemed to miss his point, asking Mr. Harbach if he was suggesting that prosecutors did not have any of the messages that Mr. Woodward wanted. No, he told her, explaining again that Mr. Woodward had failed to present any evidence that would even merit turning over what he wanted.

“So I guess what you are saying is you’re not sure?” she asked.

No, Mr. Harbach said for a third time, once more trying to explain that Mr. Woodward’s description of the meeting in August 2022 was entirely false and that the normal legal threshold for handing over private communications had simply not been reached.

“I know you disagree with the factual recitation of the August meeting,” Judge Cannon said. “But would that provide a basis for the discovery request?”

Now clearly frustrated, Mr. Harbach said as plainly as he could that Mr. Woodward’s request had no basis in either fact or law.

“This is what I’m trying to tell you,” he all but shouted at the judge.

That discussion ultimately ended with Judge Cannon telling Mr. Harbach he needed to “calm down.” It was emblematic of the dwindling reserves of patience between Judge Cannon and the prosecutors.

If Judge Cannon was a poster here on the board I’d probably have her on ignore.

Good thing she’s not a moderator! :wink:

I can’t decide if she’s terrified of not giving serious consideration to every ludicrous defense motion and getting burned on appeal or is just in the tank for the defense. If DJT wins, then we don’t have to worry about how she handles the case it will be dropped. If he loses, then she might feel no need to please him and start being an honest broker. Once the trial begins (and it can only begin if DJT loses the election) I fear that she’ll dismiss the case.

The case has gone from being a slam dunk to total irrelevance- it can only proceed if Donald loses and by then it will scarcely matter what Cannon does.

This judge sounds really, really fundamentally stupid. Not just a poor judge, but it seems she cannot even understand plain simple language. In this exchange, I suppose she could be pretending to be stupid… Just to further delay things.

It does not have to be one or the other.

Probably true, but I can understand Jack Smith feeling the need for urgency. Trump has told his followers that the FBI agents, specifically those involved in the FBI search, whose names had been leaked by Republicans were out to assassinate him. This goes beyond, the “Oh poor me everyone is so mean”, and into acts that if true (they aren’t) would indicate the time for revolution has come. Every day that the gag order is delayed put the FBI agents in more danger.

Seriously, though, does it really matter? Of the four crimes Trump is accused of this one had the largest impact on national security and only the J6 accusations come close to doing harm to this country. I don’t give a damn what motive(s) Cannon has.

I keep wondering, what if Smith chose to dismiss the case in Florida without prejudice and file a new case in DC? Could he do that?

And then start all over for a new case that probably would barely be started by the time of the election?

He can’t. Once the case is filed in a particular jurisdiction, it stays there.

I know Smith carefully considered the ramifications of filing the case in Florida. Jurisdictional issues practically mandated that he do so. To have forum-shopped and filed this case in DC when most of the alleged illegal activity occurred in Florida would have created many lush issues on appeal.

On the bright side, no small amount of the criminal activity also took place in DC. And Smith hasn’t filed any of it yet.

Yet.

Let’s see what happens after the election. If Trump wins, none of it will matter.

I don’t think Cannon’s slow walk can be the predicate for refiling in a different jurisdiction. I recall several pundits saying that while jurisdictional issues can be murky in some cases, it was not in this one. The crimes were principally committed in Florida, so that’s where you file. To do otherwise runs the real risk that you get smacked down.

So, I can’t imagine the argument they’d use to support that they’ve suddenly realized this really belongs in a different jurisdiction. “The judge is a real dick” wouldn’t likely get the job done.

ETA: Ninja’d by @Aspenglow!

Sigh. I figured as much, but had to ask. I guess it all hinges on the election.

You know, Trump appointed Cannon toward the end of his term, in May of 2020. She was confirmed in November 2020. I have often wondered if someone gave him a heads-up that cases would likely be filed in Florida and he’d better have his cat’s paw in place for when that happened.

Nice theory (for certain values of “nice”), but what are the chances he’d draw her instead of another judge?

I genuinely don’t like to cast aspersions on the integrity of the judiciary, but Florida has a history of corruption in their courts. There was a one-in-three chance that Smith would draw her after the Special Master kerfuffle. Was that arbitrary? No way to know. But yeah, pretty “lucky.” For certain values of “lucky.”

What kills me is, in the little podunk county courts where I worked, there’s no way our judges would have permitted such a total green horn to oversee a case of any magnitude. They would have made sure it went to a judge experienced enough to handle it. It blows me away that District Court for the Southern District of Florida doesn’t take such precautions. 'Coz she sure doesn’t have the chops.

Makes you wonder what she does have.

Would not surprise me at all.

I hope somebody is looking. For example, she wasn’t forthcoming about some vacations that she didn’t pay for (and we know how Trump hates that!) until NPR started asking around:

If we are going to dig deep into the personal lives of the prosecutors in Georgia, wouldn’t the same be true for a very obviously partisan judge? How does such a thing get investigated? Who is looking at her finances and making sure she’s not living beyond her means? Who is checking her phone logs, emails and movements to make sure she doesn’t have something that gives the appearance of impropriety going on? If Fani Willis has to be put on trial before she can start Trump’s trial, why not Cannon? Why isn’t there some instant avenue of appeal that will bring Cannon’s career to a screeching halt while completely destroying her privacy and putting her personal life, money habits and intimate relationships on full display for the court record?

It was also the one for which he was the most slam dunk guilty. :angry: