So you're telling me there's a chance

[BootinUp]

Ken white also known as pope hat explains the way judges see the issue of when to recuse. The thread title references Jim Carey’s line in dumb and dumber.

———
That's Not How Recusal Works, That's Not How Any Of This Works!
I've Got A Lot Of Problems With You People, And Now You're Going To Hear About It.

KEN WHITE
JUN 13, 2023

137

64
As I wrote this weekend, the apparent assignment of the criminal case against Donald Trump to United States District Judge Aileen Cannon bodes very ill for the prosecution. Judge Cannon’s favorable handling of Trump’s hare-brained attack on the federal investigation of his conduct was seen widely as far outside judicial norms, an observation supported by the blunt language and harsh terms of the 11th Circuit ruling overturning her.

Now “recuse! recuse!” falls from nearly every lip, and the disqualification statute governing federal judges is cited, unconvincingly and suspiciously vaguely, like a Canadian girlfriend. My role is that of an emo legal Cassandra, to tell you in vain that recusal law doesn’t do what you want it to do. Your role is probably not to listen to me, possibly noisily. One of us has offended one or more gods; that’s how we get into tsuris like this.

Let’s begin with the statute. The relevant law is Title 28, United States Code, Section 455. It begins with a broad, rather vague pronouncement:

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.1

We’ll get back to that. Suffice it to say it doesn’t mean what you hope it means. A plain-language reading is not reliable.

Continued https://popehat.substack.com/p/thats-not-how-recusal-works-thats

[live love laugh]

1. So what's the main point? A chance of what?

[BootinUp]

2. Here's a summary paragraph

It’s a long article. So more info at the link

In short: Judge Cannon almost certainly won’t be removed from the case for bias unless (1) the court makes an unprecedent and norm-shattering ruling or (2) she delivers another travesty of an order and the 11th Circuit kicks her off. The first is extremely unlikely, the second is somewhat unlikely.In short: Judge Cannon almost certainly won’t be removed from the case for bias unless (1) the court makes an unprecedent and norm-shattering ruling or (2) she delivers another travesty of an order and the 11th Circuit kicks her off. The first is extremely unlikely, the second is somewhat unlikely.

[GenXer47]

3. it also explains that appeal is the first course of action

It appears that motion to recuse is something you do after you've appealed a decision, perhaps even twice or three times.
And, that federal judges think their shit don't stink.

[crickets]

4. Thanks for this - it's quite helpful in finally nailing down the issue for me. nt