AM I THE ONLY ONE who thinks #AG Merrick #Garland needs to intervene in the #ClassifiedDocs case that has now been indefinitely postponed on the grounds that THE AMERICAN PEOPLE NEED TO KNOW *BEFORE* THE ELECTION if the #Republican candidate for president is a #NationalSecurity risk. #MerrickGarland #RemoveAileenCannon
@MugsysRapSheet You're not alone in the thought that someone needs to do something, but Garland has absolutely no outlet from which to do anything here at this point in time. There are zero levers for him to pull.

The only thing he can do is agree with us. His time for action is LONG past.
@josh
Arguably, #Garland can say the situation has changed as of the latest ruling of #JudgeCannon.
@MugsysRapSheet Yes, but what does him saying that get him, exactly?

@josh
A: An excuse to move the case to a different court.

(Personally, I've never understood how a judge appointed by the defendant could be assigned the case... particularly a judge as inexperienced as her overseeing a case as HUGE as this.) She doesn't even have #TopSecret security clearance.)

@MugsysRapSheet Respectfully, that’s not a thing.
@josh
If defendants can request a case be moved (Motion to Transfer Venue), then I believe so can the prosecution.
@MugsysRapSheet Guess who hears the Motion to Transfer?

@josh
...only on the Defendant side.

Technically, Congress can remove a judge if a judge was determined to have committed a crime or otherwise been compromised, but that would be essentially firing them from their job.

I found an article that proposes a remedy short of impeachment. I need to give it a read: https://search.worldcat.org/title/4769306662?oclcNum=4769306662

REMOVING FEDERAL JUDGES - AN ALTERNATIVE TO IMPEACHMENT | WorldCat.org

FOUR JUDICIAL IMPEACHMENT CASES ARE DISCUSSED WITH RELATION TO THE CHARGES FOR WHICH THEY WERE IMPEACHED. THE AUTHOR CONTENDS THAT IMPEACHMENT IS NOT THE ONLY METHOD BY WHICH FEDERAL JUDGES CAN BE REM

@MugsysRapSheet Yeah sorry, there are plenty of ways Cannon could end up not hearing the case in the same way that there are plenty of ways for you to become a billionaire.

I share the same irritation you do, but my really unfortunate point here is that there is no
realistic remedy.

Your congress route, and this is me assuming without even reading it, is senate impeachment. And the threshold for that sits at 67 votes. This, will not happen.

But let’s pretend it did. A new judge will absolutely not be able to become up to speed by November of this year. There are a metric fuckton of motions to decide on and another judge would be coming in with no context. Another judge will never be up to speed in time.

It’s probably more statistically likely she’ll end up not hearing the case due to Chinese satellite debris crashing into her house and killing her. It’s an actual nonzero chance, but it’s also realistic to say “I am sure this will never happen to her before November” and be right about it. It can be actually non-zero while being effectively zero.

Actually, she’s playing it smart: by deferring rulings on LITERALLY GODDAMN EVERYTHING she even prevents Smith and the Justice Department from appealing the rulings to the 11th circuit.

And the Garland DOJ doesn’t have any recourse. They’re executive branch. She’s judicial branch. Checks and balances guarantees equal rank. The only remedy is Senate impeachment, and, well, see above.

There is nothing to be done here. She’s willing to go down in history as being the most activist hack judge in US history.

Literally, the only thing to be done here is hoping.

@josh
Once this is all behind us, #Congress needs to pass some sort of "remedy" to make sure a compromised judge (corrupt or simply unqualified) can be removed from a case.

The T**** #TopSecret #ClassifiedDocs case is arguably the biggest case in American political history... too big to be handled by such an inexperienced judge who was actually appointed by the defendant (that alone should be a Conflict of Interests.)

It's bad enough a corrupt Potus was able to appoint 3 SCotUS justices. 😒

@MugsysRapSheet See, here's the problem. For just a moment I'm going to pretend that America is a mostly-functional democracy, so, suspend disbelief for all the ways in which its crumbling for a moment.

Passing a law where congress could decide to remove a judge for some reason -- legitimate or not -- bypasses the original intent of how the country was supposed to work. The president (executive branch) is elected "democratically" (I know I know, Electoral College, but suspend disbelief remember?), and therefore the person we're picking also becomes the people he picks.

For
YEARS the Federalist Society has been salivating over having a Trump-like president: even if Trump is NOT re-elected in 2024, he arguably will have done more to shape American politics the most and the longest of any president, nominating unqualified people everywhere to all corners of the Federal Judiciary and the SCOTUS that are young, partisan, and again unqualified. Cannon was amazingly unqualified, and she's demonstrating that in her Documents case. It's not even clear to me if she's being a moron on purpose or if she just doesn't know any better -- and that's the thing: we know so so little about her that it's almost impossible to tell.

So, I want to go on record here as suggesting we be very, very careful before we enact any laws that save us from this situation. While yes, our system doesn't work in a truly democratic fashion (one vote = one vote and a vote for every motion is truly democratic; we have a democratic-republic and we have plenty of counterweights like the Senate), on the macro is still mostly does and being able to remove pieces of what the will of the people says is -- even when well intentioned -- either accidental fascism or a return to monarchy.

What we need are an educated populace. The dumber people get, the more they vote for a king or a dictator to "fight for them" and to "lead them out of the bad place" etc. They don't realize that people like Trump are literally antithetical to what they claim they love ("Murika!") and then when we (you and I) try to figure out how to put guard rails in place, we ourselves almost fall into removing the democracy from our country just from the other side and direction.

What we need is for people to understand that people like Trump never, ever, Ever, EVER have any business being in political power,
EVER.

@josh
Here is an interesting video:

Fmr Fed Prosecutor Jill Wine-Banks said yesterday that #Cannon's move to indefinitely postpone T****'s #ClassifiedDocs case my have given Jack Smith the grounds for a Writ of Mandamus to have her removed from the case.

"Yes, it would take time for a new judge to get up to speed, but it's preferable to just keeping #JudgeCannon."
https://youtu.be/RsgwOOKLkWU

MSNBC 05 11 2024 19 28 37

YouTube
@MugsysRapSheet I was just listening to this podcast and had just made the same conclusions myself and then heard her say them, and now I see your comment here and you know what? I think I might agree it could be preferable.

What a terribly narrow window.

@MugsysRapSheet garland was put in office to maintain the status quo

he has no interest whatsoever in accountability. never has. he prollly loves this situation. after all, one of garland's best buds is a lawyer to jared and ivanka.

https://sarahkendzior.substack.com/p/servants-of-the-mafia-state

Servants of the Mafia State

Merrick Garland, Jamie Gorelick, and the truth

Sarah Kendzior’s Newsletter