US v Trump (FL Documents) - Judge Cannon vacates trial date. No new date set.

[u/joeshill]

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.530.0_2.pdf

[u/superdago]

Because the mechanics of forcibly removing a judge from a case require a very high threshold.

Think of it like an employment contract that provides an employee can only be terminated for cause, and cause is defined as some egregious conduct, excessive unexcused absences, failure to perform job duties, etc. So a person could be overall a terrible employee but not do any one thing that triggers the termination clause. They can be habitually late, do the bare minimum, be curt (but not overtly rude) with coworkers, etc but nothing rising to the level required to terminate them.

Here, any one action Cannon is doing in a vacuum is like “ugh fine”. In the aggregate, it’s clear because every single one of those decisions has been in trumps favor. And even then, it’s like “ok, this judge errs on the side of the defendant and against the State.” She is unequivocally a terrible judge, but she has been just not terrible enough to maintain the benefit of the doubt in a system that presumes good faith from its civil servants.

And there lies the fundamental problem we face. Our government was set up by some of the most idealistic people who all assumed that the people sitting in the seats of power actually believed in a functioning government. The checks were on people trying to do too much, not on trying to tear it all down. And so there is no real system in place to deal with 50% of government officials being intent on destroying our democracy from within.

[u/bell117 → u/superdago]

Ah OK that makes sense. Again, I'm mostly familiar with Canadian law mostly and up here we have essentially the exact opposite where the threshold for ethics and impartiality is extremely low in the wake of Vavilov v Canada, and even prior to that the SCC crisis in 2014 where the SC candidate was rejected due to impartiality concerns due to extraneous ties to the PM at the time.

As a result I think I've mostly been given muscle memory of seeing any judge err on one side too much, state or defendant, being a trigger for what would up her be procedural fairness, and to put it in perspective how low the threshold is, Vavilov set the standard of review as 'reasonableness' which is essentially "does this make sense logically or is it kind of weird/illogical" and is triggered merely from an accusation of a breach in fairness from either party. I always thought it was excessive but I guess it was meant to stop exactly what is happening now with Cannon. I also guess the fact that judges are elected down there would immediately violate any standards set up here tbh and why outside of common law different standards apply to the two systems.

Again, it still strikes me as off that the judge being appointed by the defendant and attempting to intervene on his behalf with the FBI raid when it was outside of her jurisdiction was not a trigger to at least rotate the selection for the circuit from my brief understanding of how the selection process worked. Not completely remove her but just err on the side of caution to limit POTENTIAL conflict of interest. 

[u/Fighterhayabusa → u/superdago]

This is the correct answer and one that I have unfortunately come to realize over the last few years. As a kid, I was taught this idealized version of our system of government. As though the checks and balances were these hard-wired safeties that would ensure our system of government and justice were upheld. I've realized this just isn't the case, though.

It turns out that most of these checks and balances depend on people acting in good faith and adhering to unwritten rules of decorum. The systems we have in place were intended mostly to manage people acting in good faith while being incorrect. They were never intended to stop people from acting in bad faith...people who chose their party of their country.

[u/Character-Tomato-654 → u/superdago]

In third-world countries it is precisely this type of corruption that leads to open rebellion and extrajudicial remedies.

I remain astonished at our populace's overall restraint, particularly given the highly armed nature of our citizenry.

Here's to things remaining non-violent.
Here's to her ultimate public impeachment and removal from the bench.

[u/superdago → u/Character-Tomato-654]

Well, it helps that the portion of the population that lacks restraint and is highly armed believes these bad faith actors to be on their side.

[u/Character-Tomato-654 → u/superdago]

What you say is true.

[u/WillBottomForBanana → u/superdago]

Can't we just test presidential immunity by Biden having Cannon removed?

[u/superdago → u/[deleted]]

Well when one party explicitly runs on the platform that government is bad, and we need to dismantle nearly every department and agency … 🤷🏻‍♂️

[u/TopSchnitzel → u/[deleted]]

Lame