Smith should have asked her to voluntarily recuse.
There's a distinction between recusal and disqualification, which is an adjudicative process that can be initiated by anyone -- don't need to be a party. The Judicial Conference and the 11th Circuit have a process. I've been asking whether anyone has already filed a bias complaint against her?
She should not have accepted jurisdiction in case # 1 per local rule and per a published 11th Cir decision, and IMHO now she has a duty to stand for voir dire on bias.
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 [or her] impartiality might reasonably be questioned.
In addition to her questionable conduct, she is married to Josh Lorence, a restaurant executive, whose employer may be tied to Trump.
When the 11th Circuit removed the late Alcee Hastings, the prime mover was a Circuit Court judge --Frank Johnson.
Impartiality? Let’s face it that seems to have gone out the window looking out of Clarence Thomas’ tour camper! Time to go back to the classroom for many of our fellow Americans to review the rule of law. They have the morals of an alleycat. My apologies to alleycats
"Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned."
As an informal observation based on a few examples from the news and observation of local instances, if you think of bias as taking a more or less normal curve distribution from no prior bias to extreme bias, there is a sweet spot for judges deciding to recuse themselves. It is in a band from some bias up until a certain point. Above that certain point, where there is both extreme bias and a personal reason to retain the case for retribution, personal protection, or expected gain, they won't recuse themselves.
I don't think he wanted to create a stir with her initially, and as I recall, there were numerous calls for her to recuse herself. I'm no legal scholar, nor do I have any insight into the legality or practicality of such matters, but it seems to me that Jack Smith had to give her the benefit of the (significant) doubt in order to keep from being too heavy-handed. From the beginning, I felt that she would not willingly give up this case, which is probably the most important one she'll ever face. However, I felt (without basis, apparently) that she would bend over backwards to keep from interfering on the Quadefendant's behalf. From what I can see, she's tiptoed around a few things until now, but with this decision, has stepped in it completely. I hope this is the straw that breaks the Cannon's back.
Personally, I think he decided to wait until she did something so outrageous that he had no choice. To have done it earlier, he would have received huge negative response from the Right; now at least normal people can see what a disaster this is. A decision to force Jack Smith to show highly confidential documents to someone (or his lawyers) who shows classified documents to visitors and other random people; leaves boxes of them carelessly everywhere at his properties; and now, it's been divulged, that there are still two locked rooms at Mar-a-Lago which likely contain more documents that he tried to keep from the FBI when they were searching for every document - is careless and reveals her bias in Trump's favor. (The FBI has to answer for their failure to break down doors if they needed to, in order to find every single document Trump had!)
"Normal people" are democrats, and we stand behind Jack and his work. There may be some "normal people" who were formerly Repubs, but I wouldn't count much on people pretending to normalcy.
I think Jack Smith has been waiting for this "judge" to do something so egregious that he can move for her removal with some certainty. Unfortunately, it's taken this long, and would be yet another distraction and delay, but a necessary one nonetheless. For the sake of national security and the safety of witnesses, she's got to go. Your move, Jack.
Judge Cannon must be hoping Trump wins in November and that she'll get some sweet job in the DOJ or perhaps a promotion to a Circuit Court. She must have a personal agenda that's over-riding the scant judicial background she has. I think it would be sad if it weren't so serious.
Lawrence O'Donnell once said on his program in response to one of Judge Cannon's inane rulings to appoint a special master in this case, that Judge Cannon is staging a campaign/demonstration to become the first Federal Judge to be elevated to the U.S. Supreme Court, if/when Donald Trump is re-elected as President.
I think that Mr. O'Donnell may have been prescient with his statement.
Robert, thanks for bullet points on immigration bill!
Also for link of ridiculous GOP resolution. My Fl Freedom Caucus Rep usually tries to fly under the radar but I see him front and left center in the pic. Will be sharing.📣
Off topic but wanted to share. Yesterday 200 protesters, mostly students, showed up at local school board meeting with (sigh), book banning 📚on the agenda. The students were so articulate and organized! Even the acting chair of Moms for Liberty ( they’re baling here after the Ziegler threesome imbroglio) said she was tired of talking about books.
We also have a young, college student running for school board. These kids are fired up !!💙
This is good news. Thanks for sharing. We have to keep these small victories in mind, as they lead to the contest in the fall. I have been hungry for indications that young people are fired and outraged and, importantly, ready to work, to defeat Trumpian tyranny. In the 'sixties we had the war in Vietnam and took to the street. In this time we have the war at home, and our campuses are quiet. As Robert counsels, we cannot wait for the Republicans to defeat themselves and we certainly cannot wait for them to feel shame or to reverse their course. We need young people to register and vote in overwhelming numbers for ol' Joe Biden. Whatever squabbles people have with Biden, the only choice is the Democrats or Trump. Trump doesn't care if he wins by 1 vote or a million. In either case he will be, as he said, a "dictator for a day." Believe he will be a dictator. The term limits on dictators throughout history have usually, sadly been longer than a day.
David Hogg, who is a survivor of the Douglas Stoneman High School shooting, went on to begin March for Our Lives. https://en.wikipedia.org/wiki/March_for_Our_Lives He now is a part of (founder) Leaders We Deserve. I haven't found a link yet, but I get emails from him about once a week. He & his crew are young and dedicated to making a better world. Part of his most recent email/post: "We’re not going to fix this mess overnight. But we do have a plan. A group of us just launched Leaders We Deserve. We started it because we know that young progressive leaders can change the future of this country for the better by giving us what we need most to get through this moment of democratic backsliding, HOPE. We can elect more young leaders like Nadarius Clark, but we can ONLY do it if enough of us get behind them. "
Not clear how active the central group of "March for our Lives" is, but I do see local chapters showing up in the news from time to time. It kind of sounds like they are working more behind the scenes on legislation and supporting candidates in collaboration with other groups, ala David's group. I also get the sense that they are expanding their agenda. Got to remember that they are young adults now and their world is expanding, and with it, their realm of activism.
Just to note that many states have a Young Democrats Caucus or similar group to encourage involvement at the local level. They get training and mentoring.
Thanks very much for posting the links! I'm super busy/distracted right now, with personal stuff, so the links & your comments are appreciated. Here's a link to my favorite bit from the March for our Lives, because I'm such a fan of these guys: https://www.youtube.com/watch?v=wzE_HCK_gVo
I don't hear the expression "lead, follow or get out of the way" much these days. That's too bad because I think it's very good advice applicable to many situations. Now comes Speaker of the House Mike Johnson who has apparently chosen to proceed on a "none of the above" basis. Unfortunately the path he is choosing is both obscure and a failure. IOW, he has no idea what he is doing. It turns out that having an incompetent Speaker of the House is, surprise!, bad for the country.
Oh, and in case anybody has forgotten, we still don't have a federal budget for the fiscal year that started 10/1/2023. Typically, the various responsible parties (and I use that term very loosely) would be hard at work by now on next year's budget.
Ah, Jeff, you still think of this as a functioning country with rational actors. Given the Republican/MAGA (I refuse to make a distinction anymore), it isn't. This is a shit show, plain and simple. If termites infest your house, you call an exterminator. In November, we all have to become Orkin.
I have never much cared for the saying "lead, follow, or get out of the way". To me, it sounds arrogant, the kind of thing that people who think they have all the answers might say, with no room for collaboration, only self-appointed leaders, with a bunch of unquestioning followers, and leaving the rest in the dust. What does that remind you of? It's a lousy way to try to get meaningful things done. I'd say Mike Johnson is a very good example of how that sort of approach leads to failure. He didn't build a coalition, and fell on his face, just as Trump is doing, just with more noise.
As for the budget, it's the too many leaders and not enough collaboration that has kept Congress from actually getting things done. Dems keep trying, and some of the Repubs go through the motions, but it's the right wing self-styled "leaders" who keep tripping things up. I see that there are now some Repubs stepping up. Hoping some more follow their example. For instance, a few people up for re-election in Blue (or bluish) districts?
I got to the dog park late last night and there was just one other person there running his dogs. This young man was born near the Russia/Ukraine border, moved to Israel at age 3, then to the US at age 10. He carries dual American/Israeli citizenship.
He is normally very friendly and talkative but didn’t seem to notice me. I approached and asked him how he was. The tears just started flowing.
Doesn’t take a rocket scientist to understand his angst and terror for his family and his people amid Republican obstruction of support for our allies. We talked and ran the dogs for well over an hour. That seemed to help a little.
If I needed more motivation to work for Democrats, this days’ news combined with Republicans’ latest performative attacks provide ample fuel. Grateful for your insights on Trump’s many legal issues, Robert, and for this community’s efforts to protect democracy.
I commend you for noticing and reaching out to this young man. I can only imagine the relief he experienced from your expression of empathy and kindness.
I wonder if she is deliberately trying to get herself replaced so that she doesn't have to deal with a really momentous case, can complain she was railroaded, and a new judge appointment would slow everything down, working to the defendant's benefit....her main interest. Too twisted?
Getting her disqualified and delaying the documents case might work to the advantage of Judge Chutkan in scheduling the DC trial once (hopefully) the Sumpreme Court decides not the touch the issue of Immunity.
Joyce Vance said yesterday that she think the Supreme Court WILL hear the case because of it's being a "first impression" (???) case, and they would want to be involved in that. But she also said she thought the Court would expedite their decision. She has more faith in the Supremes than I do, but then, she knows more than I do.
Interesting. I didn't get around to reading her Substack - yet. I ran out of time last night.
So far none of the expert opinions I've read suggests that the Supreme Court is likely to side with Trump about his immunity claims - if for no other reason than it chips away at THEIR power.
If they really expedite it (like they did Bush v. Gore) AND don't allow him immunity, then it may not matter much in terms of the trial schedule.
I'm getting so tired of this crap, but I am trying to live by the advice of my favorite substack authors and keep on taking actions to protect our democracy by registering new voters, and encouraging those already registered to join the resisitance and (at a bare minimum) vote in November.
There are two of us readers so far today, (now three) who are at least feeling overwhelmed, and maybe burned out. Take a break! I'm flying to San Francisco to watch the Superbowl with family. Another reader and his wife are taking a vacation in order to recharge. Give yourself some space. It's a marathon (I credit Robert or a reader for this phrase) not a sprint. Take care!
That's not quite what she said. She described the various scenarios available to the Court. They have the option of reviewing the case, and concurring with the Appeal Court decision, thus putting their imprimatur on it. The other two options are refusing to accept it, thus letting the Appellate decision stand, or calling for a hearing, thus setting off another delay and possibly arguments and who knows what. She also pointed out that Roberts (and probably the rest of the court) are well-aware of the fragility of their reputation. Their safest bet is sending the decision back to stand, or concurring. But who knows? It only takes four of them to call for a hearing. Roberts may try to prevent that, in the interests of the court if not the nation. But this court is unreadable right now.
That is not what I heard on whatever MSNBC program I was watching. She said that she thought they would take it and hopefully expedite it. Perhaps you heard her on a different network.
I am a long-time subscriber to her column. She's writes extensively about this and related issues. In a column a day or so ago, she went into detail about the various tacks the SC might take. I believe that when she said "expedite it" she was referring to her hope that they would use the 2nd option I mentioned above, avoiding a hearing. (I hope so too.) But that will depend on Roberts being able to convince the other members of the court not to call for a hearing (it only takes four). That would take additional time.
I had the same thought. Even to do something egregious that helps Trump, this is uncharacteristically rapid. Unless she suddenly wanted to have the first trial and assure him victory because all the witnesses would drop out. Seems more likely she is angling for a mistrial, but the toothpaste will be out of the tube.
What a day this was, starting from when I woke (in Mountain time) to discover that the DC Court of Appeals had finally released their decision. And the race began from there. Somehow what Judge Cannon did escaped me before I had to just turn off the news. But we were waiting for her to do something egregious, and now she has. I hope Smith swiftly moves to have her recused.
Mike Johnson. Beyond words. How long do we think he's going to be in the job? And will the GOP really have the gall to try another impeachment vote after this embarrassment or are they huddling to try to figure out how to save face?
IDK- a thinking person might say the GOP is/are so far gone that saving face doesn’t even cross their mind(s). It’s such a colossal cluster… mummy would say “don’t think”!
They are living in an extreme right wing bubble where they think that they are winning the hearts and minds of the voters. Otherwise IMO they wouldn't blatantly do some of the stuff that they do.
I had the exact same reaction as Robert did regarding Matt Gaetz/MTG's "resolution" that Trump didn't commit an Insurrection. They are handing the Democrats ammunition for their campaigns against the so-called "moderate" Republicans - especially in districts Biden won. They are all on record as having voted for MAGA Mike Johnson. Most of them are on record for voting to impeach Mayorkas for "failure to do his job" in the same week Johnson kills a bill that would give Mayorkas the tools he actually needs to do his job. And now Gaetz and MTG are trying to bully the entire GOP caucus into publicly making a loyalty pledge to Trump or run the risk of an ultra-MAGA candidate beating them in their primary.
Or maybe it is just every man/woman for themselves with them and it doesn't matter whether the GOP is in the minority or the majority so long as they get re-elected, increase their social media following, and continue to get invited on Fox News, OANN, and ultra-MAGA radio shows and podcasts. For sure, it is clear they couldn't care less about doing what's best for their constituents.
Just because Cannon is a judge, doesn't qualify here to make decisions regarding national security. Each district court should have at least one member who has gone through the extensive process needed to obtain security clearances. As one who held high level clearances, I learned that simply learning the meaning of the clearance and how to handle classified material is a necessary foundation. This decision by Cannon should be challenged by Smith to prevent inappropriate public disclosure. The Foreign Intelligence Surveillance Court (FISA) is an accepted part of the legal establishment. Using the same criteria to put judges on that court should be the basis for qualifying judges in other courts to handle these cases. Smith has a responsibility to protect us, even if it means further delay. Cannon has already shown that she has no intention of having a trial this year, so little is lost. What is imperative at the same time, the Senate must insist on one person with clearances in each Federal District and to establish the rule that if no one with such clearances are available, the case must be removed to a district where there is someone with proper credentials. Certainly national security is more important than convenience of the litigants. Trumps' sycophants make it clear that more attention needs to be paid to process and qualifications than the politics of appointment.
In my opinion, the core issue is not only having security clearances but, equally important, possessing adequate technical competence to engage with issues in the case.
This sounds eminently worthy of not just consideration but follow through by Justice Dept? Congress? to make it happen. I think I'll write to my Congress people today to push the concept. Given all the guardrails that rump's admin. managed to break down, we should as a country do everything possible to safeguard ourselves.
I am nearly sixty-three years of age, and I have never experienced a news cycle like yesterday. While there was certainly some good news in there, I think we all need to be careful of burnout. Each of us has a role to play this year, and we need to be at our best. My wife and I are going on vacation on Saturday, and I'm going to do my level best to reset and recharge. There will be more days like yesterday, and we must ride the highs and lows with purpose. All that said, if yesterday shows us anything, it should serve to strengthen our resolve to rid our nation of these awful, undemocratic actors.
I have been approaching not "burnout" - but minor overwhelmedness. I have to be careful about what I read and watch. And like you and your wife, I need some escapism. It doesn't affect my chosen job of sending postcards to voters. But I am taking a mini-break by going up to San Francisco to my daughter's house to watch the Super Bowl. My stepson and grandson will also be there. They are die-hard fans of the 49ers, with all the gear that entails. As Robert often says, we have to monitor ourselves and take breaks when needed! Have a wonderful vacation, Dean! (I am 78 years old, and I'm shocked by the amount of news, some good, that occurred yesterday, too! Buckle your seat belt, and continue to take care of yourselves!
you write: "It is time for Jack Smith to move to disqualify Judge Cannon. She is manifestly biased and incompetent to handle a national security matter." AMEN ...
I said it a long time ago, but it bears repeating, in case it can lead to a changed indictment and speed the case against DJT:
It has been a tactical mistake to bring classified documents into the counts against DJT. There was enough to charge DJT on the basis of all the unclassified documents he illegally hung onto. Since very very few people are competent to testify about the classified documents, since there might be ”experts” on both sides, and since courts are probably not competent to judge which “experts” are truly expert, bringing up classified documents has thrown the case into the briar patch.
If possible, the documents case should be simplified by restricting it to unclassified documents so justice will no longer be delayed.
Robert, thank you so much for your breakdown of all of today’s news! I didn’t know that Loose Cannon issued a denial to Smith’s request. Sure am thinking that set Jack’s hair on fire enough for him to request her removal. Will the hearing be terribly delayed if another judge is brought forth? Just wanted to say that Lawrence O’Donnell loves Simon also, so you’re (we) in good company.
"So, at the end of a very busy news day, the takeaway is that we have every reason to be hopeful but no reason to be complacent." I'll take it, thank you very much, Robert!
"It is [WAY past] time for Jack Smith to move to disqualify Judge Cannon. She is manifestly biased and incompetent to handle a national security matter."
Mr. Hubbell, I remember writing to you long ago when a news article put forth the concept of double jeopardy, which you shot down quickly in your response, rightfully so, for the reasons you stated then, reasons described also in today’s DC Circuit court ruling.
Re. the preposterous argument put forth by Trump’s lawyers that criminal prosecution can be pursued only if a president has been impeached and convicted first: this ignores the mob boss mentality responsible for the Senate NOT voting to convict Trump following the January 6 insurrection, with Mitch McConnell saying DJT could be prosecuted once out of office, even if not convicted in impeachment proceedings; key to the vote: I believe both Liz Cheney and Mitt Romney have written about numerous Republican colleagues voting NOT to convict out of fear for the safety of themselves and their families, even though they actually believed him to be guilty.
That brings us to the situation in Florida with Judge Aileen Cannon issuing a judgment rejecting Jack Smith’s request to maintain confidentiality of information re. continuing FBI investigative work, of yet uncharged defendants, and of witness identification. She demonstrates blatant disregard for, again, the dangerous DJT/MAGA mob boss mentality.
Finally, it comes up periodically in the news that seeing impeachment crop up with greater frequency is a GOP strategy not only to distract, but too cheapen the proceeding, so as to lessen the sting of citizen Trump’s historic status of being twice impeached (albeit not convicted). Impeachment? Bah humbug, commonplace.
I’m saying nothing new here… Just preaching to the choir, tying up some loose ends about precedent-setting rulings that are threads showing up in the fabric of the judicial proceedings we are witnessing in this unprecedented season.
Today’s newsletter packs a particularly powerful punch. Thank you, Robert, for getting more granular on the federal court of appeals’ ruling. Spurred on by your statements, I may actually attempt reading the entire document which, from what I’ve read so far,is beautifully and succinctly written.
Judge Cannon is outrageous and unqualified. It’s time for her to be removed from this case!
"When someone shows you who they are, believe them the first time."
- Maya Angelou
I continue to be baffled why Jack Smith did not move to get Cannon removed in the beginning. Her prior actions disqualified her.
Give them enough rope... is what I suspect Smith had in mind.
Smith should have asked her to voluntarily recuse.
There's a distinction between recusal and disqualification, which is an adjudicative process that can be initiated by anyone -- don't need to be a party. The Judicial Conference and the 11th Circuit have a process. I've been asking whether anyone has already filed a bias complaint against her?
https://www.ca11.uscourts.gov/judicial-conduct-disability?fbclid=IwAR2xcadqadXE37Am-ps_CKGwiLK9Udt-gklQx4LzAB2bfyb1P9tNodDQtvQ
She should not have accepted jurisdiction in case # 1 per local rule and per a published 11th Cir decision, and IMHO now she has a duty to stand for voir dire on bias.
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 [or her] impartiality might reasonably be questioned.
In addition to her questionable conduct, she is married to Josh Lorence, a restaurant executive, whose employer may be tied to Trump.
When the 11th Circuit removed the late Alcee Hastings, the prime mover was a Circuit Court judge --Frank Johnson.
Impartiality? Let’s face it that seems to have gone out the window looking out of Clarence Thomas’ tour camper! Time to go back to the classroom for many of our fellow Americans to review the rule of law. They have the morals of an alleycat. My apologies to alleycats
Judges recuse EVERY DAY.
"Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned."
https://www.law.cornell.edu/uscode/text/28/144#:~:text=Whenever%20a%20party%20to%20any,another%20judge%20shall%20be%20assigned
As an informal observation based on a few examples from the news and observation of local instances, if you think of bias as taking a more or less normal curve distribution from no prior bias to extreme bias, there is a sweet spot for judges deciding to recuse themselves. It is in a band from some bias up until a certain point. Above that certain point, where there is both extreme bias and a personal reason to retain the case for retribution, personal protection, or expected gain, they won't recuse themselves.
Ah Daniel, thanks for the technicalities which seemingly do not apply to rump!
please don't equate TFG with an attractive secondary sex characteristic.
Yes, the longer the leash the harder the jerk
I don't think he wanted to create a stir with her initially, and as I recall, there were numerous calls for her to recuse herself. I'm no legal scholar, nor do I have any insight into the legality or practicality of such matters, but it seems to me that Jack Smith had to give her the benefit of the (significant) doubt in order to keep from being too heavy-handed. From the beginning, I felt that she would not willingly give up this case, which is probably the most important one she'll ever face. However, I felt (without basis, apparently) that she would bend over backwards to keep from interfering on the Quadefendant's behalf. From what I can see, she's tiptoed around a few things until now, but with this decision, has stepped in it completely. I hope this is the straw that breaks the Cannon's back.
Personally, I think he decided to wait until she did something so outrageous that he had no choice. To have done it earlier, he would have received huge negative response from the Right; now at least normal people can see what a disaster this is. A decision to force Jack Smith to show highly confidential documents to someone (or his lawyers) who shows classified documents to visitors and other random people; leaves boxes of them carelessly everywhere at his properties; and now, it's been divulged, that there are still two locked rooms at Mar-a-Lago which likely contain more documents that he tried to keep from the FBI when they were searching for every document - is careless and reveals her bias in Trump's favor. (The FBI has to answer for their failure to break down doors if they needed to, in order to find every single document Trump had!)
"Normal people" are democrats, and we stand behind Jack and his work. There may be some "normal people" who were formerly Repubs, but I wouldn't count much on people pretending to normalcy.
He needs the time to let her give him enough reasons to ask for her removal
I bet he is disappointed that she hasn't learned her lesson.
I think Jack Smith has been waiting for this "judge" to do something so egregious that he can move for her removal with some certainty. Unfortunately, it's taken this long, and would be yet another distraction and delay, but a necessary one nonetheless. For the sake of national security and the safety of witnesses, she's got to go. Your move, Jack.
Judge Cannon must be hoping Trump wins in November and that she'll get some sweet job in the DOJ or perhaps a promotion to a Circuit Court. She must have a personal agenda that's over-riding the scant judicial background she has. I think it would be sad if it weren't so serious.
Lawrence O'Donnell once said on his program in response to one of Judge Cannon's inane rulings to appoint a special master in this case, that Judge Cannon is staging a campaign/demonstration to become the first Federal Judge to be elevated to the U.S. Supreme Court, if/when Donald Trump is re-elected as President.
I think that Mr. O'Donnell may have been prescient with his statement.
Ugh 😩
It is past time.
It’s a long shot
Robert, thanks for bullet points on immigration bill!
Also for link of ridiculous GOP resolution. My Fl Freedom Caucus Rep usually tries to fly under the radar but I see him front and left center in the pic. Will be sharing.📣
Off topic but wanted to share. Yesterday 200 protesters, mostly students, showed up at local school board meeting with (sigh), book banning 📚on the agenda. The students were so articulate and organized! Even the acting chair of Moms for Liberty ( they’re baling here after the Ziegler threesome imbroglio) said she was tired of talking about books.
We also have a young, college student running for school board. These kids are fired up !!💙
This is good news. Thanks for sharing. We have to keep these small victories in mind, as they lead to the contest in the fall. I have been hungry for indications that young people are fired and outraged and, importantly, ready to work, to defeat Trumpian tyranny. In the 'sixties we had the war in Vietnam and took to the street. In this time we have the war at home, and our campuses are quiet. As Robert counsels, we cannot wait for the Republicans to defeat themselves and we certainly cannot wait for them to feel shame or to reverse their course. We need young people to register and vote in overwhelming numbers for ol' Joe Biden. Whatever squabbles people have with Biden, the only choice is the Democrats or Trump. Trump doesn't care if he wins by 1 vote or a million. In either case he will be, as he said, a "dictator for a day." Believe he will be a dictator. The term limits on dictators throughout history have usually, sadly been longer than a day.
David Hogg, who is a survivor of the Douglas Stoneman High School shooting, went on to begin March for Our Lives. https://en.wikipedia.org/wiki/March_for_Our_Lives He now is a part of (founder) Leaders We Deserve. I haven't found a link yet, but I get emails from him about once a week. He & his crew are young and dedicated to making a better world. Part of his most recent email/post: "We’re not going to fix this mess overnight. But we do have a plan. A group of us just launched Leaders We Deserve. We started it because we know that young progressive leaders can change the future of this country for the better by giving us what we need most to get through this moment of democratic backsliding, HOPE. We can elect more young leaders like Nadarius Clark, but we can ONLY do it if enough of us get behind them. "
The link for March For Out Lives was buried in the references for the wiki page:
https://marchforourlives.org/
Finding David's group "Leaders We Deserve" was easy: a simple search brought up the website: https://leaderswedeserve.com/
In Aug 2023 David was on NPR talking about his group:
https://www.npr.org/2023/08/09/1191455776/young-voters-david-hogg-pac-campaign-elections-genz-millennial. They are also on Facebook.
Not clear how active the central group of "March for our Lives" is, but I do see local chapters showing up in the news from time to time. It kind of sounds like they are working more behind the scenes on legislation and supporting candidates in collaboration with other groups, ala David's group. I also get the sense that they are expanding their agenda. Got to remember that they are young adults now and their world is expanding, and with it, their realm of activism.
Just to note that many states have a Young Democrats Caucus or similar group to encourage involvement at the local level. They get training and mentoring.
Thanks very much for posting the links! I'm super busy/distracted right now, with personal stuff, so the links & your comments are appreciated. Here's a link to my favorite bit from the March for our Lives, because I'm such a fan of these guys: https://www.youtube.com/watch?v=wzE_HCK_gVo
I think that's true about some thoughtful and engaged young people. Thank God for them. But we need to engage more young people.
Love this.
I don't hear the expression "lead, follow or get out of the way" much these days. That's too bad because I think it's very good advice applicable to many situations. Now comes Speaker of the House Mike Johnson who has apparently chosen to proceed on a "none of the above" basis. Unfortunately the path he is choosing is both obscure and a failure. IOW, he has no idea what he is doing. It turns out that having an incompetent Speaker of the House is, surprise!, bad for the country.
Oh, and in case anybody has forgotten, we still don't have a federal budget for the fiscal year that started 10/1/2023. Typically, the various responsible parties (and I use that term very loosely) would be hard at work by now on next year's budget.
Ah, Jeff, you still think of this as a functioning country with rational actors. Given the Republican/MAGA (I refuse to make a distinction anymore), it isn't. This is a shit show, plain and simple. If termites infest your house, you call an exterminator. In November, we all have to become Orkin.
Only if they're the environmentally responsible company.
Love your metaphor!
I have never much cared for the saying "lead, follow, or get out of the way". To me, it sounds arrogant, the kind of thing that people who think they have all the answers might say, with no room for collaboration, only self-appointed leaders, with a bunch of unquestioning followers, and leaving the rest in the dust. What does that remind you of? It's a lousy way to try to get meaningful things done. I'd say Mike Johnson is a very good example of how that sort of approach leads to failure. He didn't build a coalition, and fell on his face, just as Trump is doing, just with more noise.
As for the budget, it's the too many leaders and not enough collaboration that has kept Congress from actually getting things done. Dems keep trying, and some of the Repubs go through the motions, but it's the right wing self-styled "leaders" who keep tripping things up. I see that there are now some Repubs stepping up. Hoping some more follow their example. For instance, a few people up for re-election in Blue (or bluish) districts?
The NYT finally got a headline right: “On the Border, Republicans Set a Trap, Then Fell Into It.”
I got to the dog park late last night and there was just one other person there running his dogs. This young man was born near the Russia/Ukraine border, moved to Israel at age 3, then to the US at age 10. He carries dual American/Israeli citizenship.
He is normally very friendly and talkative but didn’t seem to notice me. I approached and asked him how he was. The tears just started flowing.
Doesn’t take a rocket scientist to understand his angst and terror for his family and his people amid Republican obstruction of support for our allies. We talked and ran the dogs for well over an hour. That seemed to help a little.
If I needed more motivation to work for Democrats, this days’ news combined with Republicans’ latest performative attacks provide ample fuel. Grateful for your insights on Trump’s many legal issues, Robert, and for this community’s efforts to protect democracy.
I commend you for noticing and reaching out to this young man. I can only imagine the relief he experienced from your expression of empathy and kindness.
I wonder if she is deliberately trying to get herself replaced so that she doesn't have to deal with a really momentous case, can complain she was railroaded, and a new judge appointment would slow everything down, working to the defendant's benefit....her main interest. Too twisted?
Hmm... Maybe not too twisted. Interesting angle.
Getting her disqualified and delaying the documents case might work to the advantage of Judge Chutkan in scheduling the DC trial once (hopefully) the Sumpreme Court decides not the touch the issue of Immunity.
Joyce Vance said yesterday that she think the Supreme Court WILL hear the case because of it's being a "first impression" (???) case, and they would want to be involved in that. But she also said she thought the Court would expedite their decision. She has more faith in the Supremes than I do, but then, she knows more than I do.
Interesting. I didn't get around to reading her Substack - yet. I ran out of time last night.
So far none of the expert opinions I've read suggests that the Supreme Court is likely to side with Trump about his immunity claims - if for no other reason than it chips away at THEIR power.
If they really expedite it (like they did Bush v. Gore) AND don't allow him immunity, then it may not matter much in terms of the trial schedule.
I'm getting so tired of this crap, but I am trying to live by the advice of my favorite substack authors and keep on taking actions to protect our democracy by registering new voters, and encouraging those already registered to join the resisitance and (at a bare minimum) vote in November.
Dear Cheryl,
There are two of us readers so far today, (now three) who are at least feeling overwhelmed, and maybe burned out. Take a break! I'm flying to San Francisco to watch the Superbowl with family. Another reader and his wife are taking a vacation in order to recharge. Give yourself some space. It's a marathon (I credit Robert or a reader for this phrase) not a sprint. Take care!
That's not quite what she said. She described the various scenarios available to the Court. They have the option of reviewing the case, and concurring with the Appeal Court decision, thus putting their imprimatur on it. The other two options are refusing to accept it, thus letting the Appellate decision stand, or calling for a hearing, thus setting off another delay and possibly arguments and who knows what. She also pointed out that Roberts (and probably the rest of the court) are well-aware of the fragility of their reputation. Their safest bet is sending the decision back to stand, or concurring. But who knows? It only takes four of them to call for a hearing. Roberts may try to prevent that, in the interests of the court if not the nation. But this court is unreadable right now.
That is not what I heard on whatever MSNBC program I was watching. She said that she thought they would take it and hopefully expedite it. Perhaps you heard her on a different network.
I am a long-time subscriber to her column. She's writes extensively about this and related issues. In a column a day or so ago, she went into detail about the various tacks the SC might take. I believe that when she said "expedite it" she was referring to her hope that they would use the 2nd option I mentioned above, avoiding a hearing. (I hope so too.) But that will depend on Roberts being able to convince the other members of the court not to call for a hearing (it only takes four). That would take additional time.
Had not thought of that. Thanks. Any way that replaces Cannon is good.
I had the same thought. Even to do something egregious that helps Trump, this is uncharacteristically rapid. Unless she suddenly wanted to have the first trial and assure him victory because all the witnesses would drop out. Seems more likely she is angling for a mistrial, but the toothpaste will be out of the tube.
Time for Smith to appeal for her recusal. Ample reasons.
What a day this was, starting from when I woke (in Mountain time) to discover that the DC Court of Appeals had finally released their decision. And the race began from there. Somehow what Judge Cannon did escaped me before I had to just turn off the news. But we were waiting for her to do something egregious, and now she has. I hope Smith swiftly moves to have her recused.
Mike Johnson. Beyond words. How long do we think he's going to be in the job? And will the GOP really have the gall to try another impeachment vote after this embarrassment or are they huddling to try to figure out how to save face?
Susan, as to little Mikey j, he is the leader of a leaderless cabal of democracy destroyers!
Can’t wait till November vote!
IDK- a thinking person might say the GOP is/are so far gone that saving face doesn’t even cross their mind(s). It’s such a colossal cluster… mummy would say “don’t think”!
They are living in an extreme right wing bubble where they think that they are winning the hearts and minds of the voters. Otherwise IMO they wouldn't blatantly do some of the stuff that they do.
I had the exact same reaction as Robert did regarding Matt Gaetz/MTG's "resolution" that Trump didn't commit an Insurrection. They are handing the Democrats ammunition for their campaigns against the so-called "moderate" Republicans - especially in districts Biden won. They are all on record as having voted for MAGA Mike Johnson. Most of them are on record for voting to impeach Mayorkas for "failure to do his job" in the same week Johnson kills a bill that would give Mayorkas the tools he actually needs to do his job. And now Gaetz and MTG are trying to bully the entire GOP caucus into publicly making a loyalty pledge to Trump or run the risk of an ultra-MAGA candidate beating them in their primary.
Or maybe it is just every man/woman for themselves with them and it doesn't matter whether the GOP is in the minority or the majority so long as they get re-elected, increase their social media following, and continue to get invited on Fox News, OANN, and ultra-MAGA radio shows and podcasts. For sure, it is clear they couldn't care less about doing what's best for their constituents.
They're going to try to save whatever "face" they have.
Just because Cannon is a judge, doesn't qualify here to make decisions regarding national security. Each district court should have at least one member who has gone through the extensive process needed to obtain security clearances. As one who held high level clearances, I learned that simply learning the meaning of the clearance and how to handle classified material is a necessary foundation. This decision by Cannon should be challenged by Smith to prevent inappropriate public disclosure. The Foreign Intelligence Surveillance Court (FISA) is an accepted part of the legal establishment. Using the same criteria to put judges on that court should be the basis for qualifying judges in other courts to handle these cases. Smith has a responsibility to protect us, even if it means further delay. Cannon has already shown that she has no intention of having a trial this year, so little is lost. What is imperative at the same time, the Senate must insist on one person with clearances in each Federal District and to establish the rule that if no one with such clearances are available, the case must be removed to a district where there is someone with proper credentials. Certainly national security is more important than convenience of the litigants. Trumps' sycophants make it clear that more attention needs to be paid to process and qualifications than the politics of appointment.
In my opinion, the core issue is not only having security clearances but, equally important, possessing adequate technical competence to engage with issues in the case.
This sounds eminently worthy of not just consideration but follow through by Justice Dept? Congress? to make it happen. I think I'll write to my Congress people today to push the concept. Given all the guardrails that rump's admin. managed to break down, we should as a country do everything possible to safeguard ourselves.
I am nearly sixty-three years of age, and I have never experienced a news cycle like yesterday. While there was certainly some good news in there, I think we all need to be careful of burnout. Each of us has a role to play this year, and we need to be at our best. My wife and I are going on vacation on Saturday, and I'm going to do my level best to reset and recharge. There will be more days like yesterday, and we must ride the highs and lows with purpose. All that said, if yesterday shows us anything, it should serve to strengthen our resolve to rid our nation of these awful, undemocratic actors.
I have been approaching not "burnout" - but minor overwhelmedness. I have to be careful about what I read and watch. And like you and your wife, I need some escapism. It doesn't affect my chosen job of sending postcards to voters. But I am taking a mini-break by going up to San Francisco to my daughter's house to watch the Super Bowl. My stepson and grandson will also be there. They are die-hard fans of the 49ers, with all the gear that entails. As Robert often says, we have to monitor ourselves and take breaks when needed! Have a wonderful vacation, Dean! (I am 78 years old, and I'm shocked by the amount of news, some good, that occurred yesterday, too! Buckle your seat belt, and continue to take care of yourselves!
you write: "It is time for Jack Smith to move to disqualify Judge Cannon. She is manifestly biased and incompetent to handle a national security matter." AMEN ...
I said it a long time ago, but it bears repeating, in case it can lead to a changed indictment and speed the case against DJT:
It has been a tactical mistake to bring classified documents into the counts against DJT. There was enough to charge DJT on the basis of all the unclassified documents he illegally hung onto. Since very very few people are competent to testify about the classified documents, since there might be ”experts” on both sides, and since courts are probably not competent to judge which “experts” are truly expert, bringing up classified documents has thrown the case into the briar patch.
If possible, the documents case should be simplified by restricting it to unclassified documents so justice will no longer be delayed.
… hmmm…. Interesting. You have good point there!
Robert, thank you so much for your breakdown of all of today’s news! I didn’t know that Loose Cannon issued a denial to Smith’s request. Sure am thinking that set Jack’s hair on fire enough for him to request her removal. Will the hearing be terribly delayed if another judge is brought forth? Just wanted to say that Lawrence O’Donnell loves Simon also, so you’re (we) in good company.
"So, at the end of a very busy news day, the takeaway is that we have every reason to be hopeful but no reason to be complacent." I'll take it, thank you very much, Robert!
"It is [WAY past] time for Jack Smith to move to disqualify Judge Cannon. She is manifestly biased and incompetent to handle a national security matter."
Mr. Hubbell, I remember writing to you long ago when a news article put forth the concept of double jeopardy, which you shot down quickly in your response, rightfully so, for the reasons you stated then, reasons described also in today’s DC Circuit court ruling.
Re. the preposterous argument put forth by Trump’s lawyers that criminal prosecution can be pursued only if a president has been impeached and convicted first: this ignores the mob boss mentality responsible for the Senate NOT voting to convict Trump following the January 6 insurrection, with Mitch McConnell saying DJT could be prosecuted once out of office, even if not convicted in impeachment proceedings; key to the vote: I believe both Liz Cheney and Mitt Romney have written about numerous Republican colleagues voting NOT to convict out of fear for the safety of themselves and their families, even though they actually believed him to be guilty.
That brings us to the situation in Florida with Judge Aileen Cannon issuing a judgment rejecting Jack Smith’s request to maintain confidentiality of information re. continuing FBI investigative work, of yet uncharged defendants, and of witness identification. She demonstrates blatant disregard for, again, the dangerous DJT/MAGA mob boss mentality.
Finally, it comes up periodically in the news that seeing impeachment crop up with greater frequency is a GOP strategy not only to distract, but too cheapen the proceeding, so as to lessen the sting of citizen Trump’s historic status of being twice impeached (albeit not convicted). Impeachment? Bah humbug, commonplace.
I’m saying nothing new here… Just preaching to the choir, tying up some loose ends about precedent-setting rulings that are threads showing up in the fabric of the judicial proceedings we are witnessing in this unprecedented season.
Listen to this 13 min audio summary of the Appeal Courts denying Trump immunity from inciting the Jan 6th insurrection.
https://thedemlabs.org/2024/02/06/trump-has-no-immunity-to-prosecution-for-jan-6th-insurrection-audio-summary/
Trump plans to appeal to the Supreme Court. Follow the Justices' connections and past actions with this relationship map. Spot the three current justices who were also involved in shutting the Florida recount that installed George W. Bush into the Presidency. https://thedemlabs.org/2024/02/06/supreme-court-trump-immunity-dc-circuit-relationship-map/
Today’s newsletter packs a particularly powerful punch. Thank you, Robert, for getting more granular on the federal court of appeals’ ruling. Spurred on by your statements, I may actually attempt reading the entire document which, from what I’ve read so far,is beautifully and succinctly written.