More Cannon Fodder

Is she a corrupt jurist or just a blithering incompetent

Apr 04, 2024

Federal Judge Aileen Cannon has been under attack by the Political Left, numerous Legal podcasts (all fairly liberal), former prosecutors, and a sizable number of law professors and retired judges for her handling of the Mar-a-Lago classified documents case.

The consensus within the legal community, at least for those not hell-bent on rubber-stamping Trumpism as legal, constitutional, and in complete sync with democratic norms, is that Cannon seems to be biased heavily in favor of Donald Trump. And some have gone as far as to say she is corrupt.

Attorney Ben Meiselas of the Meidas Touch Network says so every time he does a podcast about the Mar-a-Lago case.

Nevermind the poor messaging that comes from such evidence free aspersions (e.g. GOP Biden Impeachment efforts), it’s far more effective to paint Judge Aileen Cannon as incompetent. And, it’s pretty obvious, she is.

The evidence?

Well, first of all, there’s her involvement with the Mar-a-Lago documents case pre-indictment but post search warrant. After the classified documents were seized in 2022, Trump sued and the case was assigned to Cannon. She managed to bungle the case and on two distinct legal issues was overruled by the 11th Circuit. And the language of both rulings in Trump v. US (2002, SDFL) were not kind to Aileen. Both rulings were stunning rebukes and not simply “upon reconsideration” type decisions.

Second, Cannon screwed up in another case during trial.1 How bad were her errors? Enough for the US Attorney leading the case to offer a plea to the defendant. In Cannon’s defense, the US Attorney’s Office in the case should have caught one of errors (Cannon failed to swear in the jury pool during the selection process). As to the other error (blocking the public from watching jury selection), it shows the thinness of Cannon’s resume trial-wise.

Third, as federal judges go, Cannon’s resume seems average upon first glance. After being on law review at University of Michigan, she did a clerkship for a federal judge, worked for a DC law firm for 3 years, and then served in the Department of Justice as an AUSA (Assistant US Attorney) 2013 until her appointment.

Looks good doesn’t it? Until you dissect it a bit.

The Wikipedia page on her is rather telling.2 Go to the career section. She never ran a trial or even sat second chair. As an appellate division attorney, she was perpetually part of a group, i.e. not leading anything. Her answers to the Senate Judiciary Committee confirms that assessment.3 Read it, Cannon got a lot of certificates of achievement — the participation trophy of adulthood. Don’t get me wrong, it’s not a bad resume, it’s just not a “I should be the judge in a CIPA4 case involving a former president with less than 4 years on the bench” resume.

Speaking of CIPA: Since being assigned to the to US v Trump (SDFL) in 2023, Judge Cannon has shown a remarkable lack of knowledge about CIPA.5 One would think her law clerks would help her with that learning curve.

Make that law clerk as 2 of her 3 law clerks suddenly quit last month.6 David Lat, another writer on Substack, describes the situation in her chambers extremely well. Insane hours, meanness (we want tough judges, but not really ogres to their own staffs), and a largely absent judge (her clerks were working 80-100 hours a week and reportedly she was in the office about a fourth of the time).

Theories as to the reason for the walkout by two clerks were twofold: insane workloads and the fact that she’s not exactly a resume boost anymore (those two rulings by the 11th Circuit pretty much guaranteed that).7

Then, there is this theory: Judge Cannon is a blithering incompetent and lacks the ability to recognize that she’s in over head. Her lack of knowledge about CIPA might have been excusable when she was assigned the case, but 6 months later to still be so is unconscionable.

The docket on the classified case docket is littered with scheduling orders, minute orders, and quasi-decisions (Cannon keeps preserving Court review to preclude the 11th Circuit from doing so). For case scheduled to go to trial in roughly 7 weeks, you’d think the docket would been filled with orders outlining trial parameters, motions in limine, and decisions on Trump’s various motions to dismiss. Instead it’s a constant series of weird side isues and forays into 3rd year of law school stuff.

If you need more proof of her incompetence, her latest foray is quite dunning. She ask Jack Smith and Trump’s attorneys to opine on theoretical jury instructions. The blowback from the legal community has been stunning.

Even more stunning was how Jack Smith responded.8 His filing reads like slap to the face followed by a “you deserved that” rebuke.

To make this all the worse is how Cannon’s fellow judges have responded to all of Cannon’s errors, missteps, and signs of incompetence. Not a one has jumped in to aid her.

The wordsmithing here is that Cannon is incompetent. And it should continue to be so even if it’s clearly being used to aid and abet Donald Trump from getting justice.

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