Saturday, September 14, 2024

Amici calling for the 11th Circuit to remove Aileen Cannon from docs case

The first brief was filed on behalf of the Citizens for Responsibility and Ethics in Washington (CREW), and focuses solely on the removal of Judge Cannon. The second brief was filed on behalf of 18 people and entities including George Conway, Olivia Troye, and Laurence Tribe, and focuses both on her removal and reversing her ruling dismissing the case on the grounds that the Special Counsel was appointed and funded inappropriately.

[...]

In addition to her being reversed twice already, the Amici argue two other controversies that illustrate her inability to be unbiased in the case: The Jury Instruction Controversy, and the Undue Delay Controversy.

The Jury Instruction Controversy was that crazy time she asked both parties to write jury instructions as though the Presidential Records Act actually gave Donald the ability categorize records as either personal or presidential. First, that’s not what the Presidential Records Act says, and second - even if some unsmart person thought it did say that - the PRA has nothing to do with this case. In the Special Master debacle, the 11th Circuit ruled that the classified documents belong to the government and aren’t associated with the PRA.

[...]

They then go on to outline her ridiculous docket, and how multiple pre-trial motions languished on the docket for months, while she held unnecessary hearings, oral arguments, and failed to delegate some of the easier motions to magistrate judges. What they don’t mention is her secret docket - where she added unnecessary time to the docket by requiring the parties to first submit recommended redactions to pre-trial briefings so those could be litigated before they filed them on the public docket.


[...]

They do point out that even though she moved at a glacial pace on pretrial motions, she moved with alacrity on dismissal, waiting only two weeks after Justice Thomas made his off-hand, non-sequitur remarks on the appointment and funding of Jack Smith in his immunity concurrence that literally no one asked for.
  
...but hey, do what you want...you will anyway.

UPDATE 09/17/2024:



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