Mueller, She Wrote: Two briefs have been filed with the 11th Circuit to REMOVE JUDGE CANNON [View all]

[Dennis Donovan]

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Mueller, She Wrote
Two briefs have been filed with the 11th Circuit to REMOVE JUDGE CANNON. My latest:

Judge Cannon Should Be Removed

In the past week, two groups of Amici filed briefs with the 11th Circuit to argue that Judge Cannon should be removed from the Trump Espionage and Obstruction classified documents case. Let's review!

MuellerSheWrote
Sep 13, 2024

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. For the purposes of this post - I’ll focus only on the removal aspect. Andy McCabe and I will discuss the dismissal issue argued in the second brief on the Jack podcast.

Let’s begin with the Amicus Brief filed on behalf of CREW. There are two things that give the 11th circuit the power to remove Judge Cannon. The first is 28 U.S.C. § 2106, and the second is 11th circuit precedent in United States v. Torkington.

28 U.S.C. § 2106 says: The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.

That’s pretty straightforward. The court has the power to remove her from the case and reassign it to a different district judge on remand. And there’s precedent for that in the 11th circuit. The Torkington case.

/snip

Got to hand it to CREW - they keep trying!