Action to get Cannon removed

[intrepidity]

Last edited Tue May 14, 2024, 03:03 PM - Edit history (2)

I heard that Glenn Kirschner put out some info on how the public can help try to get Cannon removed.

Has this been posted here yet?

If not, I can update this post later with details.

ETA#2: direct link to download the form described below (file is named "ao310.pdf" )

https://www.uscourts.gov/file/651/download

ETA, pulled from https://www.dailykos.com/stories/2024/5/12/2240300/-How-to-file-a-judicial-misconduct-form-against-Judge-Aileen-Cannon-from-Glenn-Kirschner

It is possible to file a judicial misconduct form against this judge if you follow the following steps:

Go to uscourts.gov , then hover on “Judges & Judgeships”.

and then click on, “Judicial Conduct & Disability”,

then click on, “FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge”,

Go to #4 “How do I file my complaint?”,

Then download this form,

Print it out and and fill out the form including your objections on a separate paper for #4,

Then mail it to:

Albert P. Tuttle Courthouse
Clerks Office
56 Forsythe St, N.W.
Atlanta, GA 30303

Direct Links:

https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability/faqs-filing-judicial-conduct-or-disability-complaint

https://www.uscourts.gov/forms/other-forms/complaint-judicial-misconduct-or-disability

[RandySF]

1. Jack Smith will have to go to the 11th Circuit.

That's how it's done.

[intrepidity]

5. We need to learn from the other side, though

to do whatever we can. I think we tend to trust the process too much whereas their side just blasts away on all fronts.

[yorkster]

2. Fire the Cannon!

I want it to come from Jack Smith, but every effort helps, maybe.

[50 Shades Of Blue]

3. In this video

[intrepidity]

4. Thanks for posting that. nt

[madamesilverspurs]

9. It's not that her bias is showing,

it's that she's flaunting it. At this point, it wouldn't be all that surprising to see her show up as a speaker at one of TSF's rallies.

.

[brooklynite]

6. The only thing the public can do is contact their Congressperson to have her Impeached.

And no, signing an online petition doesn’t achieve that.

And I’ll add that, unless you have proof of a crime, there’s no basis for an Impeachment.

[intrepidity]

7. It is not an online petition. nt

[brooklynite]

8. What's the "it"?

[dpibel]

10. The subject of the OP

That's the "it."

And, as a careful reader can somehow tease out, there's nothing in the OP about an online petition.

Other than that, you've totally nailed it!

[proud patriot]

11. Official way to file a complaint

With the 11 circuit court overseeing cannon .
Uscourts gov filing a judicial conduct or disability complaint against a judge. Download 2 page form and mail it in directions at video above

[brooklynite]

14. Another waste of time.

If you're not a lawyer or a prosecutor, filling out said form and attempting to lay out actual legal criteria and evidence ("I saw it on TV" doesn't count) is right up there with the guys who submit their own evidence of election fraud to the Supreme Court.

[ForgedCrank]

18. Not to mention,

We are wandering a destructive path when we treat judges as we do politicians and expect them to be swayed by public opinion rather than written law. I find the trend disturbing.
Oversight is an absolute necessity, but this stuff is troubling to me.

[intrepidity]

12. See updated OP. nt

[Frasier Balzov]

13. Face it. This is a judicial branch conspiracy.

Roberts has articulated in the past how loathe he is to do the voters' job.

The voters need to do their job.

Are they smart enough?

[StarryNite]

15. K&R

[Wednesdays]

16. Again, as I posted before

Any complaint not initiated by Jack Smith will just end up in the circular file.

[StarryNite]

17. There are provisions for filing a judicial misconduct form by citizens.

I'm doing this.

[lees1975]

19. Shouldn't our justice department and attorney general be furious at this and be doing all they can to get her out?

Seems like that's where this should be coming from. Why isn't it? Why is it that our AG seems to be silent on all of this?

[onenote]

20. It's bullshit. Kirschner should know better and its shocking he doesn't

First, Kirschner's argument for removal is predicated on his assumption, contrary to US legal principles, that Trump is guilty and Cannon is preventing his conviction. We might feel that way, but the courts do not start from that assumption and thus complaining that Cannon's actions are inconsistent with finding him guilty aren't going to go anywhere.

Second, if there was anyone in a position to seek Cannon's removal for misconduct, it would be Jack Smith, not a bunch of randos who may be entitled under the law to file a complaint but who aren't going to be treated seriously if they rely on social media and other published commentary, not made under oath, from third parties who are not directly involved in the case. Put another way, quotes from Salon don't mean shit, no matter who is being quoted.

Third, Kirchner's reading of the relevant statute as creating a conflict that required Cannon to recuse herself because she was appointed by Trump is inconsistent with established law and precedent. In 2022, Trump filed a lawsuit against, among others, Hillary Clinton. The case was assigned to Judge Bruce Middlebrooks, who had been appointed to the bench by Bill Clinton. In denying Trump's motion seeking recusal, Judge Middlebrooks stated that for purposes of analyzing that motion, he would equate the interests of Bill and Hilary. He demolished Trump's motion, citing numerous cases that stand for the principle that being appointed by a particular president doesn't constitute grounds for that judge to recuse himself or herself or being forced to recuse. For example, Judge Middlebrooks stated that "the law is well settled that appointment to the bench by a litigant, without more, will not “create in reasonable minds, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, a perception that [the judge’s] ability to carry out judicial responsibilities with integrity, impartiality, and competence [would be] impaired.” He further cited precedent holding that “There is no support whatsoever for the contention that a judge can be disqualified based simply on the identity of the President who appointed him" and that "Judges generally have political backgrounds to one degree or another but must be presumed, absent more, to be impartial.” Note that Kirschner addresses none of these clear precedents when he cites the statutory language he simplistically claims mandates Cannon's recusal.

Fourth, and most significantly, Kirschner also ignores the express language of the statute governing the complaint process he is blithely encouraging people to employ in an attempt to get Cannon replaced. That language states that:

(b) Conduct Not Constituting Cognizable Misconduct.
(1) Allegations Related to the Merits of a Decision or Procedural Ruling. Cognizable misconduct does not include an allegation that calls into question the correctness of a judge’s ruling, including a failure to recuse.
If the decision or ruling is alleged to be the result of an improper motive, e.g., a bribe, ex parte contact, racial or ethnic bias, or improper conduct in rendering a decision or ruling, such as personally derogatory remarks irrelevant to the issues, the complaint is not cognizable to the extent that it calls into question the merits of the decision.
(2) Allegations About Delay. Cognizable misconduct does not include an allegation about delay in rendering a decision or ruling, unless the allegation concerns an improper motive in delaying a particular decision or habitual delay in a significant number of unrelated cases.

In short Kirchner's video is embarrassing and he almost certainly knows that it is. I won't try to ascribe to him a motive.

PS -- one other factoid that addresses some of the conspiracy theorists here: As Judge Middlebrooks pointed out in his decision, Trump's lawsuit against Hillary Clinton was filed in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon. Yet, as he notes, the case was assigned to Judge Middlebrooks. How? Because contrary to what some folks claim, the assignment of the documents case to Cannon was not predetermined. It was random.

[Mc Mike]

21. Rec, thanks, intrepid.

Small correction in address:

Elbert P. Tuttle Courthouse
Clerk's Office, 11th Circuit Federal Court of Appeals
56 Forsyth St., N.W.
Atlanta, GA 30303