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Even before her bombshell decision on Monday to dismiss former President Donald J. Trump’s classified documents case, Judge Aileen M. Cannon had made any number of unorthodox rulings. In fact, since Judge Cannon took control of the case in June 2023, many of her decisions have been so outside the norm that they have fueled intense criticism of her legal acumen, stoked questions about favoritism toward Mr. Trump and slowed the documents case sufficiently that it would not come to trial before Election Day. Still, almost no one, including some defense lawyers working on the case, expected Judge Cannon to throw out the charges against Mr. Trump by ruling that Jack Smith, the special counsel who filed the indictment, had been unconstitutionally appointed to his job — especially on the first day of the Republican National Convention. The ruling upended 25 years of Justice Department procedure for naming and governing special counsels and called into question decisions by previous courts reaching back to the Watergate era.
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon, Trump, Jack Smith Organizations: Mr, Republican National Convention
The federal judge overseeing former President Donald J. Trump’s classified documents case on Saturday rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming that he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Mr. Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury. Mr. Nauta’s lawyer, Stanley Woodward Jr., also claimed that at a meeting at the Justice Department two years ago, prosecutors had threatened to derail a judgeship he was seeking if he did not prevail on his client to turn on Mr. Trump. But in an order issued on Saturday night, Judge Aileen M. Cannon rejected those arguments, ruling that even though Mr. Nauta had refused to provide testimony against Mr. Trump, there was “no evidence suggesting that charges were brought to punish him for doing so.”
Persons: Donald J, Trump’s, Walt Nauta, Trump, Jack Smith, Nauta’s, Stanley Woodward Jr, Aileen M, Cannon, Nauta, Organizations: Justice Department
Lawyers for former President Donald J. Trump on Friday asked the judge overseeing his classified documents case to put that proceeding almost entirely on hold as they sort through whether Mr. Trump enjoys immunity from the charges based on a landmark Supreme Court ruling this week. On Monday, the Supreme Court granted Mr. Trump broad immunity against criminal prosecution for his official acts as president. The ruling came after months of legal wrangling arising from his other federal case — the one in Washington in which he stands accused of plotting to overturn the 2020 election. His lawyers are now trying to apply that ruling to the documents case. “Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the presidency arising from this unconstitutional investigation and prosecution,” the lawyers wrote.
Persons: Donald J, Trump, Judge Aileen M, Cannon Organizations: Supreme Locations: Washington
Shortly after Judge Aileen M. Cannon drew the assignment in June 2023 to oversee former President Donald J. Trump’s classified documents case, two more experienced colleagues on the federal bench in Florida urged her to pass it up and hand it off to another jurist, according to two people briefed on the conversations. The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said. But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment drew attention because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel. The extraordinary and previously undisclosed effort by Judge Cannon’s colleagues to persuade her to step aside adds another dimension to the increasing criticism of how she has gone on to handle the case.
Persons: Aileen M, Cannon, Donald J, Trump’s, Judge Cannon —, Cecilia M, Altonaga —, Judge Cannon, Trump, Judge Cannon’s Organizations: Southern District of, Mr Locations: Florida, Southern District, Southern District of Florida
When Judge Aileen M. Cannon presides over a hearing on Friday in former President Donald J. Trump’s classified documents case, she will spend the day considering well-trod arguments about an arcane legal issue in an unorthodox manner. It will be the latest example of how her unusual handling of the case has now become business as usual. Over the past several months, Judge Cannon, who was appointed by Mr. Trump in his final days in office, has made a number of decisions that have prompted second-guessing and criticism among legal scholars following the case. Many of her rulings, on a wide array of topics, have been confounding to them, often evincing her willingness to grant a serious hearing to far-fetched issues that Mr. Trump’s lawyers have raised in his defense. The issue that will be discussed on Friday in Federal District Court in Fort Pierce, Fla., is a motion by the defense to dismiss the charges in the case on the grounds that Jack Smith, the special counsel who filed them last spring, was improperly funded and appointed.
Persons: Aileen M, Cannon, Donald J, Trump’s, Judge Cannon, Trump, Jack Smith Organizations: Mr, Court Locations: Fort Pierce, Fla
Lawyers for former President Donald J. Trump pushed back on Friday night in an aggressive — and at times misleading — way against an effort to curb his public attacks on the F.B.I. In a 20-page court filing, the lawyers assailed prosecutors in the office of the special counsel, Jack Smith, for seeking to limit Mr. Trump’s remarks about the F.B.I. on the eve of two consequential political events: the first presidential debate, scheduled for June 27, and the Republican National Convention, set to start on July 15. “The motion is a naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution,” the lawyers wrote. The dispute began last month when Mr. Smith’s team asked Judge Aileen M. Cannon, who is overseeing the case, to revise Mr. Trump’s conditions of release to bar him from making any public remarks that might endanger agents involved in the proceeding.
Persons: Donald J, Trump, Jack Smith, Trump’s, Smith’s, Judge Aileen M, Cannon Organizations: Republican National Convention Locations: Florida
Federal Documents CaseImage The federal indictment against Mr. Trump in the documents case. The charges were brought by Jack Smith, the special counsel appointed to oversee the federal investigations into Mr. Trump. Credit... Jacquelyn Martin/Associated PressLast summer, Mr. Smith charged Mr. Trump with conspiring to subvert democracy and stay in power against the will of voters following his loss in the 2020 election. Georgia Election CaseImage Fani Willis, the Fulton County district attorney, at a hearing on the Georgia election interference case in March in Atlanta. Dozens of pretrial motions have yet to be resolved, including recent sparring over the precedent in a legal case from the 1890s.
Persons: Donald J, Trump, Jon Elswick, Jack Smith, Smith, Aileen M, Cannon, Cannon’s, Jacquelyn Martin, Tanya S, Fani Willis, Alex Slitz Mr, Fani, Willis, Nathan Wade, Scott McAfee, Wade, McAfee’s, Sidney Powell, Kenneth Chesebro, Jenna Ellis, Donald Trump Organizations: Washington , D.C, Mr, Associated Press, Department, Justice Department, Associated, Capitol, of Appeals, Trump Locations: Manhattan, Florida, Washington ,, Georgia, , Washington, Fulton County, Atlanta ., Fulton County ,
A few months ago, a top prosecutor on former President Donald J. Trump’s classified documents case stood up in court and told Judge Aileen M. Cannon that he was concerned about the pace of the proceeding, gingerly expressing his desire to keep the matter “moving along.”Almost instantly, Judge Cannon got defensive. “I can assure you that in the background there is a great deal of judicial work going on,” she snapped. “So while it may not appear on the surface that anything is happening, there is a ton of work being done.”In some sense, Judge Cannon had a point. Much of what judges do unfolds out of sight in the sanctity of their chambers. But at seven public hearings over more than 10 months, Judge Cannon has left an increasingly detailed record of her decision-making skills and judicial temperament.
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon
The decision by Judge Aileen M. Cannon to avoid picking a date yet for former President Donald J. Trump’s classified documents trial is the latest indication of how her handling of the case has played into Mr. Trump’s own strategy of delaying the proceeding. It is not impossible that the trial could still take place before Election Day, but the path is exceedingly narrow. And the question of when — or even whether — the charges against Mr. Trump will go before a jury will now largely hinge on how Judge Cannon handles an array of pretrial matters in the next few months, issues that many legal experts have said she could dispense with much more quickly. Judge Cannon, who was appointed by Mr. Trump in his final days in office, has been on the bench for only four years. For months now, she has stood in the glare of the spotlight with each of her most minute decisions scrutinized by an often critical gallery of legal scholars and reporters.
Persons: Aileen M, Cannon, Donald J, Trump’s, Trump, Judge Cannon Organizations: Mr, White
The federal judge overseeing former President Donald J. Trump’s classified documents case formally scrapped her own May 20 start date for the trial on Tuesday but declined to set a new one, saying there was much more work to be done before a jury could hear the charges. The decision by Judge Aileen M. Cannon to delay the start of the trial was more or less a foregone conclusion given the number of legal issues that remain unresolved less than two weeks from the date she had originally set. In a brief order, Judge Cannon wrote that picking a new date at this point would be “imprudent and inconsistent with the court’s duty to fully and fairly consider” what she described as “the myriad and interconnected” pretrial issues that she had not yet gotten to. Those included several of Mr. Trump’s pending motions to dismiss the case and a host of thorny questions surrounding how to decide what sorts of sensitive information can be revealed at the trial under a law known as the Classified Information Procedures Act.
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon
Lawyers for co-defendants of former President Donald J. Trump argued in federal court in Florida on Friday to dismiss charges of aiding in the obstruction of efforts to recover classified documents. It was a rare hearing of the documents case in which Mr. Trump did not take center stage. His co-defendants, Walt Nauta and Carlos De Oliveira, are loyal Trump employees, accused of conspiring with the former president to hide boxes containing classified government materials after Mr. Trump left office. Prosecutors also accused them of plotting to destroy security camera footage of the boxes being moved. She also did not announce a date for the trial to begin, despite holding a hearing more than a month ago on the matter.
Persons: Donald J, Trump, Walt Nauta, Carlos De Oliveira, Prosecutors, Aileen M, Cannon Organizations: Trump Locations: Florida, Fort Pierce, Fla
Prosecutors have asked a federal judge to protect the identities of several witnesses involved in the criminal case accusing former President Donald J. Trump of illegally retaining classified documents, saying that if their names were revealed before trial they could be exposed to “intolerable and needless risks.”“There is a well-documented pattern in which judges, agents, prosecutors and witnesses involved in cases involving Trump have been subject to threats, harassment and intimidation,” the prosecutors wrote. The request to protect the witnesses — made in court papers filed late Thursday night — came after Mr. Trump’s legal team asked Judge Aileen M. Cannon, who is overseeing the case, for permission to name some of the witnesses in court papers it recently filed related to arguments about discovery evidence. Judge Cannon ultimately ruled in favor of Mr. Trump and said the witnesses could be identified. The government responded on Thursday night by accusing her of having committed a “clear error” and by asking her to rethink her decision and to keep the identities of more than two dozen witnesses from being revealed.
Persons: Donald J, Trump, , Judge Aileen M, Cannon, Judge Cannon Organizations: Trump, Mr
For the past few weeks, lawyers for former President Donald J. Trump and federal prosecutors have been arguing about a touchy subject: Should Mr. Trump, accused of mishandling classified documents, be allowed to discuss the secret papers with his lawyers in the secure facility he once used as president at Mar-a-Lago — the very place the F.B.I. swooped down on last summer to retrieve some of the records after he failed to return them? On Wednesday, Judge Aileen M. Cannon, who is presiding over the documents case, gave an answer to that question — albeit one that was rather vague. In an order setting up a series of rules to protect the classified materials at the heart of the proceeding, Judge Cannon said that Mr. Trump would indeed need to use a secure facility to review the sensitive records, but she did not specify where that facility would be. The property was already protected by the Secret Service, the lawyers wrote, and permitting Mr. Trump to talk there about the classified documents likely to emerge during his case would cut down on the “immense practical and logistical hurdles and costs” of having him travel to a SCIF in Miami or another nearby city run by the courts.
Persons: Donald J, Trump, Aileen M, Cannon, Judge Cannon Organizations: Mar, Secret Service Locations: ” Mar, Florida, Miami
The federal prosecutors overseeing the classified documents case against former President Donald J. Trump objected on Monday to his proposal to discuss highly sensitive discovery evidence at a secure location at Mar-a-Lago, his private club and residence in Florida. Last week, Mr. Trump’s lawyers asked Judge Aileen M. Cannon, who is presiding over the case, to let the former president discuss the classified discovery evidence in the “secure facility” that he once used for such materials when he was in office. That facility, the lawyers said, was “at or near his residence,” an apparent reference to Mar-a-Lago, which is in West Palm Beach. But in their own filing to Judge Cannon, prosecutors in the office of the special counsel, Jack Smith, said that Mr. Trump was seeking “special treatment that no other criminal defendant would receive” by requesting to discuss the classified material at home. “In essence,” one of the prosecutors, Jay I. Bratt, wrote, “he is asking to be the only defendant ever in a case involving classified information (at least to the government’s knowledge) who would be able to discuss classified information in a private residence.”
Persons: Donald J, Trump, Judge Aileen M, Cannon, , Judge Cannon, Jack Smith, Jay I, Bratt, Locations: Mar, Florida, West Palm
Carlos De Oliveira, the property manager of Mar-a-Lago, former President Donald J. Trump’s private club and residence in Florida, appeared in court for the first time on Monday to face charges of conspiring with Mr. Trump to obstruct the government’s monthslong efforts to retrieve highly sensitive national security documents from the former president after he left office. Mr. De Oliveira did not enter a plea at his brief hearing in Federal District Court in Miami. The chief magistrate judge, Edwin G. Torres, released him on a $100,000 personal surety bond, and he was ordered to remain in the Southern District of Florida and to not have contact with any of the witnesses in the case. A slight man with gray hair, Mr. De Oliveira was met outside the courthouse by a throng of television cameras but made no public remarks. The arraignment is expected to be handled by a magistrate judge in Fort Pierce, Shaniek Mills Maynard.
Persons: Carlos De Oliveira, Donald J, Trump, De Oliveira, Edwin G, Torres, Aileen M, Cannon, Shaniek Mills Maynard Organizations: Mar, Federal, Court, Southern District of Locations: Florida, Miami, Southern District, Southern District of Florida, Palm Beach, Fla, Fort Pierce
The federal judge overseeing former President Donald J. Trump’s prosecution on charges of illegally retaining dozens of classified documents set a trial date on Friday for May 2024, taking a middle position between the government’s request to go to trial in December and Mr. Trump’s desire to push the proceeding until after the 2024 election. In her order, Judge Aileen M. Cannon said the trial was to be held in her home courthouse in Fort Pierce, Fla., a coastal city two-and-a-half hours north of Miami that will draw its jury pool from several counties that Mr. Trump won handily in his two previous presidential campaigns. Judge Cannon also laid out a calendar of hearings, throughout the remainder of this year and into next year, including those concerning the handling of the classified material at the heart of the case. The scheduling order came after a contentious hearing on Tuesday at the federal courthouse in Fort Pierce where prosecutors working for the special counsel, Jack Smith, and lawyers for Mr. Trump sparred over when to hold the trial.
Persons: Donald J, Aileen M, Cannon, Trump, Judge Cannon, Jack Smith Organizations: Mr Locations: Fort Pierce, Fla, Miami
An Untested Judge in the Trump Documents Case
  + stars: | 2023-07-21 | by ( Robert Draper | ) www.nytimes.com   time to read: +1 min
Judge Aileen M. Cannon, a previously obscure Trump judicial appointee, has been viewed with incredulity by much of the legal establishment ever since she issued a ruling temporarily halting the federal investigation into the former president’s handling of classified documents. After a conservative appeals court slapped her down, Democrats said she was either incompetent or some kind of black-robed Trojan horse for the MAGA movement. “The notion that she’s inexperienced is misplaced and ignores her exceptional résumé before taking the bench,” said Jesse Panuccio, a prominent Florida defense lawyer who served in the Trump administration as acting associate attorney general. “It also penalizes her for being a mild-mannered woman. Over two hours, she left little doubt as to whose courtroom it was.
Persons: Aileen M, Cannon, MAGA, , Jesse Panuccio, Trump, Judge Cannon Organizations: Trump Locations: Florida, Fort Pierce, Fla
Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election. While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them. There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.
Persons: Donald J, Trump, Aileen M, Cannon, Trump’s Organizations: Trump, Republican, White
The federal judge overseeing former President Donald J. Trump’s prosecution on charges of illegally holding on to sensitive national security documents denied on Monday the government’s request to keep secret a list of witnesses with whom Mr. Trump has been barred from discussing his case. The ruling by Judge Aileen M. Cannon, in the Southern District of Florida, means that some or all of the list of 84 witnesses could at some point become public, offering further details about the shape and scope of the case that the special counsel Jack Smith has brought against Mr. Trump. The government’s request to keep the names of the witnesses secret “does not offer a particularized basis to justify sealing the list from public view,” Judge Cannon wrote in her brief order. “It does not explain why partial sealing, redaction or means other than sealing are unavailable or unsatisfactory, and it does not specify the duration of any proposed seal.”One of the conditions that a federal magistrate judge placed on Mr. Trump when he walked free from his arraignment this month was a provision prohibiting him from discussing the facts in his indictment with any witnesses in the case. The indictment accused Mr. Trump of willfully retaining 31 individual national security documents and obstructing the government’s repeated efforts to reclaim them.
Persons: Donald J, Trump, Judge Aileen M, Cannon, Jack Smith, , Mr Organizations: Southern District of, Mr Locations: Southern District, Southern District of Florida
Don’t get caught up in the melodrama of the Florida trial! Judge Aileen M. Cannon has myriad tactics at her disposal to delay, disrupt and derail the proceedings. She can influence jury selection, undercutting chances of a unanimous guilty verdict. Even if the jury reaches that conclusion, it is the judge who sets the sentence. Why not assume that the chances of conviction and a serious sentence are small and turn your attention to other matters of national significance?
Persons: Don’t, craves, Jack Smith, Aileen M, Cannon Locations: America, Florida
When Judge Aileen M. Cannon assumed control of the case stemming from former President Donald J. Trump’s indictment for putting national security secrets at risk, she set the stage for the trial to be held with a regional jury pool made up mostly of counties that Mr. Trump won handily in his two previous campaigns. She signaled that the trial would take place in the federal courthouse where she normally sits, in Fort Pierce, at the northern end of the Southern District of Florida. The region that feeds potential jurors to that courthouse is made up of one swing county and four others that are ruby red in their political leanings and that Mr. Trump won by substantial margins in both 2016 and 2020. “For years, it’s been a very conservative venue for plaintiffs’ lawyers,” said John Morgan, a trial lawyer who founded a large personal injury firm. Describing the various counties that feed into Fort Pierce, he said, “It is solid, solid Trump country.”
Persons: Aileen M, Cannon, Donald J, Trump, Trump’s, it’s, , John Morgan Organizations: Southern, Southern District of Locations: Fort Pierce, Southern District, Southern District of Florida, Florida, Trump
Opinion | Can Judge Cannon Preside Fairly Over the Trump Trial?
  + stars: | 2023-06-15 | by ( ) www.nytimes.com   time to read: +2 min
JahnsHemet, Calif.To the Editor:I was as disgusted as anyone by Judge Aileen M. Cannon’s ruling last year awarding Donald Trump a special master to review documents seized by the Justice Department. I think it would be appropriate for her to recuse herself based on the appearance of bias she has created, along with the fact of being a Trump appointee. We liberals have no right to criticize the polarized state of American politics if we refuse to examine and report on both sides of any given issue fairly. Steve BenkoSouthport, Conn.To the Editor:We should think very carefully about whether Judge Aileen M. Cannon has a conflict of interest in adjudicating a criminal matter involving the president who appointed her. While other judges have presided over cases involving the presidents who appointed them, this one presents unprecedented issues of law, politics and legal ethics.
Persons: Aileen M, Cannon’s, Donald Trump, I’m, Trump lackey, Steve Benko, Cannon Organizations: Justice Department, American Bar Association, Duke University, University of Michigan, Trump Locations: Jahns Hemet, Calif, Steve Benko Southport, Conn, adjudicating
Opinion | A ‘Rubicon Moment’ for Donald Trump
  + stars: | 2023-06-14 | by ( ) www.nytimes.com   time to read: +1 min
To the Editor:Re “Trump Thrives in a Broken System. He’ll Get Us There Soon,” by Thomas L. Friedman (column, June 14):Mr. Friedman is exactly right. Donald Trump will finally be tried in a federal court of law after being indicted. We have to believe that nobody — nobody meaning even an ex-president and possible future president — is above the law. Almost beyond belief, Judge Aileen M. Cannon has been randomly selected to preside over the court proceedings.
Persons: Trump, Thomas L, Friedman, Donald Trump, , Aileen M, Cannon Organizations: Mr
Jack Smith, the special counsel handling the documents investigation into former President Donald J. Trump, vowed to seek “a speedy trial.” But that will be up to Judge Aileen M. Cannon, who will wield considerable power over its calendar, evidence and jury. Last year, Judge Cannon, a Trump appointee, briefly disrupted the documents investigation by issuing rulings favorable to him when he challenged the F.B.I.’s search of his Florida club and estate, Mar-a-Lago, before a conservative appeals court ruled that she never had legal authority to intervene. It also is not clear whether she will refer some pretrial motions to a magistrate judge who works under her. But here is a closer look at how her decisions as the judge presiding over the trial — like on what can be included and excluded — could affect the case. If the trial can be put off until after the 2024 presidential election, he or another Republican nominee could enter office and shut down the case.
Persons: Jack Smith, Donald J, Trump, Judge Aileen M, Cannon, Judge Cannon Organizations: Trump, Republican Locations: Florida, Mar
During Mr. Trump’s arraignment in New York in April, however, crowds of rival protesters outside the courthouse were raucous but peaceful. Criminal defendants who are taken into custody before an initial court appearance are often handcuffed, fingerprinted and photographed for a mug shot. In April, however, authorities in New York only took Mr. Trump’s fingerprints and did not handcuff or photograph him. Mr. Trump’s case has been assigned to Judge Aileen M. Cannon, who earlier handled a lawsuit he filed challenging the F.B.I.’s court-authorized search of his Florida estate and club, Mar-a-Lago. Judge Cannon was appointed by Mr. Trump days after he lost the election in November 2020.
Persons: Trump, Aileen M, Cannon, , Judge Cannon Organizations: Mar, Mr, Southern, Southern District of Locations: New York, Florida, Southern District, Southern District of Florida
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