June, 14 2023, 12:17pm EDT
Government Watchdog Calls for Recusal of Judge Cannon from United States v. Donald Trump
Letter to Chief Judge of the US District Court for the Southern District of Florida urges her to exercise her authority under federal law and internal court procedure to reassign the case if Judge Cannon does not recuse herself in ten days
MIAMI
Free Speech For People, a non-profit organization dedicated to protecting and defending democracy and our Constitution, sent a letter today to Chief Judge Cecilia M. Altonaga of the US District Court for the Southern District of Florida urging her to exercise her authority under federal law and internal court procedure to reassign the case of United States v. Donald Trump, if Judge Aileen M. Cannon fails to recuse herself within 10 days.
As highlighted in the letter, Judge Cannon has demonstrated extreme bias, resulting in significant judicial error, in a previous decision related to the investigation and evidence involved in this case. Allowing Judge Cannon to preside over the current case without addressing these concerns would undermine the court's impartiality and erode public confidence in the proceedings.
The letter references Judge Cannon's ruling, which was later reversed, involving the government's examination of national defense materials seized from Donald Trump's Mar-a-Lago compound pursuant to a lawful search warrant signed by a federal magistrate judge. In her widely-criticized (and ultimately reversed) ruling, Judge Cannon purported to extend the court's jurisdiction over the matter, appointing a special master and blocking any further investigation by the government. The letter points out that Judge Cannon's order reflected a biased approach by considering Trump's status as a former president and prioritizing reputational harm to Trump over equal justice before the law.
The Eleventh Circuit, in a unanimous decision, strongly criticized Judge Cannon's ruling, calling it a "radical reordering of our case law" and emphasizing the violation of separation-of-powers limitations. The court found that Judge Cannon's decision to exercise jurisdiction without sufficient legal justification undermined the foundational principle that the law applies to all individuals equally, regardless of their status or rank.
The letter states: “In this high-visibility, high-stakes proceeding, a judge who has exempted Trump from standard legal scrutiny undermines public confidence in the courts. Any move Judge Cannon makes in this matter will be tainted as either confirmation of existing bias or targeted efforts to appear neutral.”
Federal law requires judges to recuse themselves when their “impartiality might reasonably be questioned” or when they have “a personal bias or prejudice concerning a party.”
Read the letter here.
Free Speech For People is a national non-partisan non-profit organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC that works to defend our democracy and our Constitution.
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