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In this LegalAF “hot take,” Popok explains how Cannon has given special counsel Jack Smith a gift — the grounds for her to be removed from the case. By her latest actions Judge Cannon has demonstrated she does not understand the Presidential Records Act. This is demonstrated by how she conflates her misunderstanding it in such a way, as to nullify the Espionage Act.
This situation is not legally viable. In plain language, by tacitly accepting that Trump can indeed declassify National Secrets “with his mind” (wrong), it does not follow that Trump’s Obstruction against the Espionage Act, can be simply thrown out the window — if the Jury so chooses.
This incorrect conflation of 2 different Laws is what Cannon has opened the door to, with her latest ruling, which solicits “competing sets of Jury Instructions,” from the defense and the prosecution.
Her “example Instructions” indicate that she wants to leave this complex legal interpretation up to the Jury. When according to Popok, that is the role of Judge, to interpret and apply the relevant Laws — correctly; or face instant appeal.
Judge Cannon is clearly in over her head, and should be removed for the sake of impartial and fair justice. And for the sake of expediency, as Micheal Popok succinctly argues for …
Appeals Court MUST GIVE TEST to THROW Judge Cannon off Trump Case
MeidasTouch — April 2, 2024
The 11th Circuit applying the required “3 Factor Test” should REASSIGN JUDGE CANNON away from the Mar a Lago criminal case against Trump. Michael Popok explores the “Torkington Factors” and explains how the Judge painting herself into the corner on her request for wrong-headed jury instructions from the Special Counsel finally provides the grounds for her reassignment.
I hope Jack Smith is listening, or has already otherwise filed his own grounds for her prompt removal. Afterall, Cannon already has 2 strikes against her, with the district’s Appeals Court.
The American people deserve speedy Justice in this important case — not more dilly-dallying incompetent delays.
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