Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: How many people here believe Eileen Cannon is getting her marching orders outside of her [View all]Septua
(2,267 posts)11. I think she's rapidly approaching the point of Smith asking...
..that she be removed. Her latest ruling indicates she doesn't understand the law relative to the charges against Trump nor how the Presidential Records Act relates to the charges.
https://www.washingtonpost.com/national-security/2024/03/18/trump-judge-cannon-jury-instructions-pra/
Her two-page order, however, also suggests an openness to some of the defenses claims that the Presidential Records Act allows Trump or other presidents to declare highly classified documents to be their own personal property. National security law experts say that is not what the law says, or how it has been interpreted over decades by the courts, particularly given the other laws that govern national security secrets.
Cannon asked the prosecutors and defense attorneys to consider two different hypothetical situations, writing: the parties must engage with the following competing scenarios and offer alternative draft text that assumes each scenario to be a correct formulation of the law.
In the first scenario, Cannon said, the jury would be allowed to review a former presidents possession of a record and make a factual finding whether it is personal or presidential using the definitions set forth in the Presidential Records Act, also known as the PRA.
Confusingly, she added in a footnote that any separation of powers or immunity concerns shall be included in this discussion if relevant. Immunity is a topic for judges to decide, not juries, so it was not immediately clear what that language in Cannons order meant.
I heard a theory a while back that she's behaving in a manner that will lead to being removed from the case which would get her off hot seat and at the same time, preserve her image with Trump.
Edit history
Please sign in to view edit histories.
59 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
How many people here believe Eileen Cannon is getting her marching orders outside of her [View all]
Baitball Blogger
Mar 19
OP
Well it certainly doesn't seem like she's getting good advice on the law from any source...
unblock
Mar 19
#1
Yes. She is clever enough to come up with her scheme, but not smart enough to make it work
Bernardo de La Paz
Mar 19
#3
I agree with you. Here's why: I read her instructions to the lawyers and found them so nonsensical that
Raven
Mar 19
#4
I keep hearing that she's gone to far but see nothing to indicate she'll face any punishment.
dem4decades
Mar 19
#5
Coached, yes. But by whom? Federalist Society lawyers, RNC lawyers, TFG's own lawyers, some RW organization?
machoneman
Mar 19
#15
For a "rookie", she's making some interesting calls, so to speak. She's definitely getting some outside "help".
ashredux
Mar 19
#19
I do. But she can't be investigated, only reprimanded & removed by the 11th District in response to Jack Smith's appeal
ancianita
Mar 19
#21
She is a product of the Judicial Crisis Network .... as is Roberts, Goursch, Alito, Kavanaugh, and Coney Island
Botany
Mar 19
#27
Cannon can be impeached. This whole sordid affair should be investigated once
dobleremolque
Mar 19
#28
other than mr smith and she being a t,,, apointee, si. wonder what t,,, threatened her with and what dirt.?
AllaN01Bear
Mar 19
#34