Thursday, June 06, 2024

Clerk of Courts
Federal Court of Appeals for the Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, GA 30303


    Judge Aileen Cannon is currently presiding over the case of The United States v Donald J Trump. (9:23-cr-80101-AMC) in the United States District Court for the Southern District of Florida.  The Federal Statue applicable to the Judge and all Federal Judges is:  28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge.  (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.  The standard here is quite clear, and leaves little doubt that Congress intended the Judges to avoid any appearance of bias, in order to safeguard the legal process, respect for the Judiciary,  and the Rule of Law.  It does not require actual bias, but only circumstances in which the Judge's impartiality MIGHT REASONABLY BE QUESTIONED.  Reasonable questions are raised on many levels in this trial.  First, the Judge was herself appointed to the Federal Court by the Defendant.  She thus owes her job to the Defendant.  Second, in the initial stages of the case, before there was even a formal indictment issued, she asserted equitable jurisdiction over the evidence and appointed a Special Master to review the documents seized under a lawfully issued subpoena, before allowing the prosecutors to review them.  This was promptly reversed on appeal to the Eleventh Circuit.  Third, Judge Cannon has declined to rule on numerous issues presented on motion by the Defendants, despite the obvious frivolity of many of these motions, and has postponed the trial indefinitely, pending her review and rulings on the filings.  The right of the People to a speedy and fair trial, guaranteed in the Sixth Amendment is not being observed.  The Defendant has every reason to seek delay, but he does not enjoy the right to a speedy and public trial alone.  The People likewise are guaranteed prompt and public adjudication.  Whether these delays are evidence of inexperience on the part of the Judge, or evidence of bias is not clear, but her impartiality might reasonably be questioned.  
    Judge Cannon is bound by Title 28  § 455 to recuse herself.  Failing that, I respectfully request that the Eleventh Circuit review the circumstances, and recuse her.

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