Judge Aileen Cannon, a Donald Trump appointee with a history of ruling in his favor, has many tools at her disposal to kill the government's case against Trump

Judge Aileen Cannon

 

The classified documents case against Donald Trump has been assigned to a Trump-appointed judge with a history of making unsound legal decisions in the former president's favor. A longtime Alabama attorney, who is one of the nation's foremost authorities on criminal defense, says U.S. District Judge Aileen Cannon is expected to kill the prosecution's case -- or do everything in her power to force a pro-Trump outcome.

How could that happen? Donald Watkins, who holds the U.S. record for winning the most counts in a single-defendant federal criminal case, explains how it could (and likely will) happen, in an article at his DonaldWatkins.com Web site. Watkins notes that the No. 1 driver of a pro-Trump approach under Cannon likely would be the judge's desire to wind up on the U.S. Supreme Court -- and the chances of that happening are significantly enhanced if Trump is re-elected in 2024. 

In other words, Watkins says, the facts, the law, relevant statutes, even a jury could have little to do with the outcome if Cannon is determined to put her career goals over her oath to abide by the law and uphold the Constitution. Many Americans probably would be appalled that a federal judge would conduct herself in such a selfish and corrupt fashion. But those Americans simply are naive about the cold realities of our federal justice system. It is not uncommon, Watkins says, for federal judges to bow to biases, paths of least resistance, and pressures from powerful interests -- even though lifetime appointments are supposed to make them impervious to such influences.

Under the headline "Judge Aileen Cannon Expected to Kill DOJ Case Against Trump," Watkins writes:

Donald J. Trump caught a huge break when U.S. District Court Judge Aileen Mercedes Cannon was assigned to preside over his 37-count classified documents case. Cannon, who was born in Cali, Colombia, in 1981 to a Cuban refugee mother and an American father, is a pro-Trump judge who demonstrated her loyalty to the former president during the judicial proceedings that challenged the FBI raid of Mar-a-Lago in August 2022.

The Department of Justice appealed Cannon’s unprecedented and controversial decisions to intervene in the criminal investigation and appoint an independent special master to review the documents seized in the raid. The ultra-conservative 11th Circuit Court of Appeals severely rebuked Cannon for her intervention in the criminal investigation of the Trump case. However, Cannon was not fazed by this smackdown.

Judge Cannon is expected to kill this criminal case and free Donald Trump from all 37 felony charges pending against him. Here is why and how (As to why, No. 1 on the list might make Americans who believe no one is above the law feel nauseous.):

Trump Ramrodded Cannon’s Judgeship Confirmation in Congress After His 2020 Defeat --

In June 2019, the office of Senator Marco Rubio (R-Florida) indicated to Cannon that he was considering her for a position of United States district judge. Rubio and Cannon are politically compatible Floridians of Cuban descent.

Cannon expressed interest that month, and subsequently was interviewed by representatives for Senator Rubio and Senator Rick Scott (R-Florida).

On May 21, 2020, at age 39, Cannon was nominated by President Donald Trump to serve as a United States district judge for the Southern District of Florida.

On July 29, 2020, a hearing was held before the United States Judiciary Committee on Cannon’s nomination.

On September 17, 2020, Cannon’s nomination was reported out of committee by a 16–6 vote.

In short, Cannon holds her lifetime position because of Trump and his Trumpist  colleagues in the Republican Party, creating an enormous amount of loyalty to the former president -- her judicial oath be damned! Writes Watkins:

Aileen Cannon owes her lifetime federal judgeship to Donald Trump, Marco Rubio, and Rick Scott. Her nomination should have died with Trump’s defeat on November 3, 2020.

Thanks to incredible political work by Trump, Rubio, Scott, and Sen. Mitch McConnell, Aileen Cannon became a federal judge for life.

Understandably, Aileen Cannon is a Trump loyalist. Trump and his Republican allies rammed Cannon’s May 2020 nomination through Congress after Trump had lost the election. By doing this, Trump demonstrated his undying loyalty to Cannon, first.

Under these unique facts and political circumstances, Judge Cannon does not give a damn about her relationship with her fellow judges on the federal bench in Miami, or her judicial reputation, or the lofty opinions of lawyers who practice in the federal criminal-justice system regarding her handling of the Trump case.

Judge Cannon grew up in Miami. Within Cannon's Cuban-American heritage and culture, loyalty to those who show their loyalty first trumps all other considerations. Donald Trump did that for Cannon.

What is more, Judge Cannon has her eye on an appointment to a seat on the U.S. Supreme Court. She has been a member of the ultra-conservative Federalist Society since 2005. Cannon will likely be Clarence Thomas’ replacement on the Supreme Court if Trump wins the 2024 presidential election. She is cut from the same cloth as Thomas.

Killing the case of Special Counsel Jack Smith would be relatively easy, Watkins says:

There are several ways Judge Cannon can easily kill Special Counsel Jack Smith’s case against Donald Trump. Here are a few:

First, Cannon can delay the proceedings forever by making rulings that can't be appealed.

Second, Cannon can limit or exclude crucial evidence by saying it was wrongfully gathered or not relevant. She can also exclude statements made by Trump by simply finding that they were campaign rhetoric and hyperbole, or that they are “too prejudicial.”

Third, Cannon can limit the testimony of national-security experts and/or government archivists, which she surely will do.

Fourth, after she cripples Jack Smith’s case through her restrictive evidentiary rulings, Judge Cannon can push the case toward a trial and impanel a jury. Once the jury is impaneled, Cannon can grant Trump’s motion to dismiss the charges. Granting such a motion would end the case. Double jeopardy would prevent Smith from retrying Trump on the 37 charges in this Indictment.

Finally, Judge Cannon can grant Trump a directed verdict of acquittal at the end of the government's case, or at the end of all evidence presented by the government and the defense.

The scenario Watkins describes represents flagrant corruption. But anyone who truly knows the federal justice system, Watkins says, should not be surprised if such a scene unfolds:

Only the truly naïve among us believe that today’s federal judges make judicial decisions in high-profile political cases based upon the law and facts. In truth, cases of this nature in federal courts across the nation are decided by: (a) the parties’ political affiliations, (b) the political affiliation and socioeconomic agenda of the trial judge, and (c) the amount and nature of ex parte contact with the trial judge.

Ex parte messages to federal trial judges are usually back-channeled through the U.S. Senators from the nominee's state who sponsored his/her judgeship. In Cannon’s case, this would be Senator Marco Rubio. Senator Rick Scott would be the backup messenger.

Sometimes the back-channel messenger is the judge’s financial benefactor, as is the case with U.S. Supreme Court Associate Justice Clarence Thomas. Billionaire Harlon Crowe is Thomas’ handler.

Based upon Judge Cannon's previous rulings in Donald Trump's case, she will not need much in the way of back-channel messaging. Cannon already knows what her mission is, and what political plume awaits her.

Judge Aileen Cannon will NOT disappoint Donald Trump and his political supporters.

Cannon likely will draw from the "Death Knell" playbook, which Watkins has seen used in Birmingham, Alabama:

The "death knell" playbook for Judge Cannon to restrict evidence and throw out the entire case against Donald Trump was developed and successfully implemented by former Birmingham, Alabama U.S. District Court Judge U.W. Clemon in the case of U.S. v. Don Siegelman, Paul Hamrick, and Phillip Bobo (2004).

On May 27, 2004, Siegelman was indicted by the federal government in Birmingham for fraud. The day after his trial began in October 2004, prosecutors dropped all charges against Siegelman and Hamrick after Judge Clemon threw out much of the prosecution's evidence.

Clemon, a longtime Democratic power player, was the first black federal judge in Alabama history. He was nominated to the federal bench by Jimmy Carter. Don Siegelman was the Democratic governor of Alabama (1999 to 2003). Siegelman ran for governor in 2002, and lost to Republican Bob Riley.

On October 26, 2005, federal prosecutions indicted Siegelman and former HealthSouth Corp. CEO Richard Scrushy on public-corruption charges. In June of that year, Scrushy defeated federal prosecutors in an original 85-count Indictment arising from a $2.7-billion accounting-fraud scheme at HealthSouth.

Judge Clemon’s playbook also shows Cannon how to hold Jack Smith and members of his prosecution team in contempt of court and/or lock them up, if she chooses to do so.

All that Donald Trump is lacking in his Miami case is experienced criminal-defense lawyers who have a demonstrated track-record of trying and winning cases in the “gladiator pit.” This caliber of lawyer is needed to give Judge Cannon cover for her judicial actions in killing the case against Trump. The lawyers Trump has now are not "gladiators."