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Summary: Why a Loose Cannon Should Be Removed

It’s not like Judge Cannon is getting paid by the hour or anything. Trump’s attorneys are, however, which would justify making all these insane, frivolous motions. Judge Cannon, I am not an attorney, but I can read, have a higher-than-average IQ, and know if a duck looks, smells, and quacks like a duck, it’s a duck. Let’s look at the right-wing talking points one at a time, or you can see an overview of the timeline of the efforts the United States government made to retrieve these documents here.

Hundreds Of Classified Documents Belonging to the US Government are “Stolen Property”

The Presidential Records Act (PRA) of 1978 establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office. 

“The term ‘classified information of the United States’ means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.”

If you want to see what the FBI found, you can find the entire inventory here.

Think of It as Possession of Stolen Property and Let That Sink In

Now, because the United States government owns these documents, the former President essentially stole them. Even in Florida, that’s still a crime.

We’ve Established It Was Stolen, and It’s Classified. Now What?

Even if it wasn’t stolen (but it was), it wasn’t stored or safeguarded properly. The purpose of a Sensitive Compartmented Information Facility (SCIF) is to establish policies for accessing, safeguarding, and storing classified information and material. From the many descriptions we have seen, read, or heard about where the classified information was retrieved at Mar-a-Lago, none of them was a SCIF. Unless you count a golden outhouse as a SCIF.

Obstruction of Justice

If Trump really believed the classified docs were his, as he has said, why did he order Walt Nauta to move them just before the Department of Justice came to look for them? And why did he throw his former attorney, Evan Corcoran, under the bus, falsely telling him it was all right to sign a document certifying that there were no more classified documents in Trump’s possession?

“Federal prosecutors have claimed that lawyers for Trump certified in June 2022 that a ‘diligent search’ of Trump’s Mar-a-Lago estate turned up just 38 classified documents stored in a secured storage room. But two months later, when FBI agents raided the premises, they found more than 100 additional documents marked classified — some of which were located outside of the storage room, including in Trump’s office desk, prosecutors said.”

It Wasn’t a Raid; The FBI Was Executing a Search Warrant.

They didn’t block all the exits and charge in with guns blazing, shouting, “Everybody down! Nobody moves, and you won’t get hurt!”

The FBI got a search warrant from a Florida Justice after showing probable cause. After confirming that Trump was in New Jersey, they coordinated with the Secret Service at Mar-a-Lago and wore no clothing that would identify them as the FBI to avoid embarrassing the former President. Really? Embarrass Donald Trump?

It Was NOT a Plot to Assassinate Trump

“The FBI followed standard protocol in this search as we do for all search warrants, which includes a standard policy statement limiting the use of deadly force,” said the FBI. Again, confirming that Trump was in New Jersey at the time, they proceeded.

When asked at a press conference to comment about the FBI statement, Speaker Mike Johnson stared blankly for a few seconds, then turned and walked away muttering something that sounded like, “Damned stupid piece of sh*t.” according to those closest to him.

The Constitutionality of a Special Counsel

Really? Really! Are you holding hearings for arguments on this issue? While you are the Judge here, it took me less than 15 minutes on Google to find the answer to the question the Trump MAGAts are posing here.

Grounds for appointing a Special Counsel.

“The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and—

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.”

No Gag Order Against the Biggest Liar on the Planet?

Even Ty Cobb, Trump’s former lawyer, points out the fallacy of Cannon’s reasoning as shown in Court filings.

The judge said Smith’s team failed to meaningfully reach out to Trump’s attorneys on the gag order request.

Cobb pushed back against Cannon’s reasoning and accused the federal judge of bias.

‘Conferring doesn’t require, you know, doing it in a proper form or in a way that meets whatever her standard is,’ he said. ‘It requires talking to the other side, and they did and they mentioned it in the papers that they had conferred and Trump’s team didn’t agree.’”

Both Judge Merchan and Judge Engoron found it necessary to gag the “Mouth that Roared.”  Could the real reason Judge Cannon doesn’t feel that need is because Trump hasn’t attacked her? And why would he? She is clearly his favorite.

For all the reasons above, Aileen “The Loose” Cannon must be removed, not only from this case, but from the Bench.

Loose Cannon

Image via Flickr by edwin.bautista