I OBJECT! 👩‍⚖️

Judge Aileen “Loose” Cannon is:

A) corrupt 

B) incompetent 

C) Both; 

D) and a little bit of neither.

This LawDork article confirms my suspicions that Cannon lost jurisdiction over this case when DOJ appealed the dismissal against all defendants (although how she lost jurisdiction is not quite what I assumed it would be. What can I say? It’s been a long time…).

The Tl:dr (but do read it) is that Cannon lost jurisdiction when the DOJ appealed her injunction after the 11th Circuit denied the defendants’ appeal seeking to block release of the whole report (two volumes: 1 DC, 1 Florida). The 11th told DOJ to appeal the injunction if they wanted, so DOJ did. That’s the point when she lost jurisdiction over the DOJ. 

(And an explainer: Cannon set her injunction to expire three days after the 11th Circuit ruled on the defendants’ request to block the report. The 11th Circuit ruled on Friday. So her injunction expires on Sunday. But Cannon is demanding a copy of both reports, though she has no jurisdiction now, and she never had any authority over what the AG does with the reports. Just to underline that before we go on.)

I’ve been trying to make sense of this for days. This article finally does.

Cannon today issued a new order requiring DOJ to prove (by giving her and the defendants a non-redacted copy of the report) the DC volume doesn’t implicate the Florida defendants (not Trump, he’s out). DOJ politely points out to “Loose” Cannon that she:

A) has no jurisdiction because DOJ has appealed this very issue;

B) which takes jurisdiction away from her; and

C) she has neither jurisdiction nor authority over the AG, who can do whatever he damned well pleases with a Special Counsel report.

In short, her reach greatly exceeds her grasp. Garland could release the reports tomorrow, and the DOJ’s position is there isn’t anything she can do about it. I don’t think Garland will do that with an appeal on that issue pending, but the slap at Cannon is unmistakable. As is the question of her competence; and her ethical integrity. I really think the appropriate judicial board needs to review her actions here. 

Some of the more feverish speculation is that Cannon wants Thomas or Alito’s seat (the two oldest). I think if that were ever possible, she has well and truly screwed that pooch in the Senate.

(I keep turning this over in my head . Law is complex, and what looks “corrupt” is often far from it. But this is inexcusable. When the defendants raised their plea to block the report in the court with jurisdiction (the 11th Circuit, because if the DOJ appeal of the dismissal), Cannon leapt to join the party. But once the DOJ appealed the dismissal, she lost jurisdiction (forget what I said above. Like I say, the law is complicated. And reporting on this story has been singularly poor.). Cannon had no authority to enter the injunction, but having done so, a court of competent jurisdiction has to set it aside (yes, despite the fact she has no power (“jurisdiction”) to make the order. Court orders cannot simply be ignored. Which explains Garland withholding the Florida report. These things still must be done decently and in good order, despite actors like Loose Cannon.) I’ve seen some “good ol’ boy” judges and rulings in my day, but nothing so outrageous as this. Corrupt and incompetent in equal measure.)