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judges conflict of interest, should a trump appointed judge

 
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real-human



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PostPosted: Tue Apr 05, 2022 3:43 pm    Post subject: judges conflict of interest, should a trump appointed judge Reply with quote

Judges, should a trump appointed judge rule in a Trump lawsuit of any kind?

Here we have trump arguing that a bill Clinton appointed judge should not be involved in a case he is in. So does this set the "trump doctrine on conflict of interest"?

https://www.businessinsider.com/trump-judge-hillary-clinton-rico-case-recusal-bill-clinton-2022-4?r=MX&IR=T


Trump wants the judge overseeing his RICO case against Hillary Clinton to recuse himself because he was appointed by Bill Clinton


Quote:
Former President Donald Trump has asked for the judge overseeing his RICO case against Hillary Clinton to be disqualified because he was appointed by then President Bill Clinton.

Trump sued Hillary Clinton last month, accusing her — and several other defendants linked to her 2016 campaign, the Democratic Party, the DOJ, and the FBI — of carrying out an "unthinkable plot" to tie his 2016 campaign to the Russian government.

The lawsuit was filed in the Southern District of Florida, where Trump lives. Judge Donald Middlebrooks, who Bill Clinton appointed to the court in 1997, was assigned to oversee the case.

"Due to the fact that the Defendant, HILLARY CLINTON is being sued by her former opponent for the United States Presidency, an election that she lost, regarding serious allegations on her part, as well as her allies, of engaging in fraudulent and unlawful activities against the Plaintiff, and because her husband nominated Judge Middlebrooks to the Federal Bench, there exists a reasonable basis that Judge Middlebrooks' impartiality will be questioned," Trump's attorneys said in a filing Monday.


"Due to the fact that Judge Middlebrooks has a relationship to the Defendant, HILLARY CLINTON's husband, by way of his nomination as Judge to this Court, this amounts to prejudice so virulent or pervasive as to constitute bias against a party," they continued.

Trump's lawyers did not present any examples of Middlebrooks demonstrating "virulent" prejudice against Trump or other Republicans, or favoring Democrats. They also did not say how they would react if a Trump-appointed judge were assigned the case.

As Politico reported, it's exceedingly rare for courts to grant motions seeking the recusal of judges based on the political party of the president who nominated them.

Trump's filing went on to say that he is "unaware of the exact extent of the relationship between Judge Middlebrooks and the Defendant, HILLARY CLINTON, herself, who acted as First Lady of the United States, during the time of the Judge's nomination to Federal Court Judge."


"The Plaintiff is also unaware if the Judge has current [sic] relationship with either the Defendant, HILLARY CLINTON, or her husband, and how far back the relationship has existed," it continued.

Trump's sweeping racketeering lawsuit against Clinton and the other defendants accused them of conspiring to fabricate evidence tying him to "a hostile foreign sovereignty."

It dismissed any "contrived Trump-Russia link." It also recycled other claims Trump has made about former special counsel Robert Mueller's investigation into the Trump campaign and the 2016 election.

Specifically, it said Mueller exonerated "Donald Trump and his campaign with his finding that there was no evidence of collusion with Russia." And it said the "Mueller Report demonstrated that, after a two-year long investigation coming on the heels of a year-long FBI investigation, the Special Counsel found no evidence that Donald Trump or his campaign ever colluded with the Russian government to undermine the 2016 election."


Mueller concluded in 2019 that the Russian government interfered with the 2016 US election to damage Clinton and propel Trump to the Oval Office. But his final report specified that investigators evaluated the relevant events from "the framework of conspiracy law, not the concept of 'collusion.'"

Hillary Clinton's spokesman Nick Merrill said in an earlier statement to Insider that the lawsuit was "nonsense."

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real-human



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PostPosted: Tue Sep 13, 2022 2:36 pm    Post subject: Reply with quote

so how is pediophile trumps fed judge doing who was anointed after El trumpo lost the election...

why would a judge not made them go on record that these document ar that are noted top secret.

https://www.msn.com/en-us/news/politics/trump-fires-fresh-salvo-wants-judge-to-block-justice-department-s-request-to-resume-review-of-mar-a-lago-papers/ar-AA11Llaj?cvid=fd9e9188558f4546fe14268b156f04f1&ocid=winp2sv1plustaskbarhover


Trump Fires Fresh Salvo: Wants Judge To Block Justice Department's Request To Resume Review Of Mar-A-Lago Papers


Quote:
Trump’s legal team opposed the government’s efforts to circumvent an earlier order, given by U.S. District Court Judge Aileen Cannon, that stopped the review of documents seized from Mar-a-Lago and authorized the appointment of a special master.

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PostPosted: Tue Oct 18, 2022 4:29 pm    Post subject: Reply with quote

So I was way ahead of the issue on this one, can't the justice department use his own filings. This Judge Cannon has been hammered by the trump requested special master and she smacked him down when he requested the truth. How dare he get in the way of the truth.

Supreme court has smacked her down, appeals courts with his appointees. But shouldn't only judges including supreme recuse themselves from any of his cases.

https://www.msn.com/en-us/news/politics/in-documents-review-special-master-tells-trump-team-to-back-up-privilege-claims/ar-AA1364pL?cvid=1257009d7bd34fdbb2fc62d9d3017314&ocid=winp2sv1plussystemprelaunch

In Documents Review, Special Master Tells Trump Team to Back Up Privilege Claims



Quote:
WASHINGTON — The special master reviewing materials seized by the F.B.I. from former President Donald J. Trump’s compound in Florida expressed skepticism on Tuesday about early claims by Mr. Trump’s lawyers that certain documents were privileged and thus could be withheld from a Justice Department investigation.

Judge Raymond J. Dearie complained that an initial log of documents over which former President Donald J. Trump is seeking to claim privilege lacked sufficient information.
© Rebecca Noble for The New York Times
In a phone conference, the special master, Judge Raymond J. Dearie of Federal District Court in Brooklyn, complained that the log of an initial batch of documents over which Mr. Trump is seeking to claim privilege lacked sufficient information to determine whether the arguments were valid.

Judge Dearie encouraged Mr. Trump’s lawyers to give him a better sense of why they believed the documents could be lawfully shielded from the Justice Department’s inquiry into whether Mr. Trump unlawfully kept classified records at his estate and obstructed the government’s repeated efforts to retrieve them.


“It’s a little perplexing as I go through the log,” Judge Dearie said. “What’s the expression — ‘Where’s the beef?’ I need some beef.”

The hearing was the latest step in the review process that began last month when Judge Dearie was named special master by one of Mr. Trump’s appointees, Judge Aileen M. Cannon of the Southern District of Florida.

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PostPosted: Thu Nov 03, 2022 10:15 pm    Post subject: Reply with quote

wow and trump has been Justice shopping...

https://www.msn.com/en-us/news/politics/they-had-a-damn-insider-on-scotus-experts-alarmed-after-trump-lawyer-emails-inadvertently-leak/ar-AA13Hsnn?cvid=d34ed1f8ae284cac85b29c06ffb6cf98&ocid=winp2sv1plustaskbarhover

“They had a damn insider on SCOTUS”: Experts alarmed after Trump lawyer emails inadvertently leak


Quote:
Supreme Court Associate Justice Clarence Thomas attends the ceremonial swearing-in ceremony for Amy Coney Barrett to be the U.S. Supreme Court Associate Justice on October 26, 2020 in Washington, DC. Tasos Katopodis/Getty Images

Former President Donald Trump's lawyers believed that Supreme Court Justice Clarence Thomas was their best bet to overturn the results of the 2020 election, according to newly released emails.

Eight emails obtained by POLITICO revealed correspondence among Trump lawyers discussing legal strategies to convince Republican members of Congress to block the official certification of electoral votes on Jan. 6. The emails, which Trump legal adviser John Eastman tried to shield from Congress, were obtained after Eastman's lawyers accidentally uploaded the emails to be shared with the House Jan. 6 committee in a public Dropbox link.


In one email from Trump attorney Ken Chesebro to Eastman and others, Chesebro wrote that Thomas would "end up being key" to their plot to overturn President Joe Biden's win.

"We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt," Chesebro wrote days before the Jan. 6 Capitol riot.

Supreme Court justices are responsible for handling emergency matters in individual states, and Thomas is the justice assigned to handle emergency matters in Georgia – putting him in position to receive any urgent appeal of Trump's lawsuit to the Supreme Court.

Eastman responded to the email agreeing with the plan. Their emails further discussed filing a lawsuit that they hoped would result in an order that "TENTATIVELY" held that Biden's electoral votes from Georgia were not valid due to election fraud, CNN reported.

Eastman, who once clerked for Thomas, attempted to withhold the emails from the Jan. 6 select committee, but a judge ordered the emails be turned over, citing evidence of likely crimes committed by Trump and Eastman.

At least one email included correspondence between Eastman and Clarence Thomas' wife Ginni Thomas inviting Eastman to speak on Dec. 8, 2020, to a group of conservative activists to provide an update about election litigation, according to the Washington Post.

Ginni Thomas also lobbied state legislators in Arizona and Wisconsin via email, urging them to help overturn Biden's victory.

Following the release of the emails, legal experts raised concerns about Thomas' role on the Supreme Court and criticized him for not recusing himself from matters related to his wife's efforts to overturn the election.

"They had a damn insider on SCOTUS who they thought would help them overthrow our democracy. He's married to a deranged MAGA cult member. He won't even recuse himself," wrote former federal prosecutor Richard Signorelli.

Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

"When is it enough?" wondered Rachel Sklar, an attorney and journalist. "His wife is an insurrectionist. He refuses to recuse. He's the Trump election-denial go-to? Come on."

The report comes as legal observers and government watchdog groups call for an investigation into Thomas' refusal to recuse himself from election-related cases.

"Hey look! It wasn't just critics of the Supreme Court who thought Clarence Thomas was corrupted - Trump's lawyers said so too in secret emails just revealed," tweeted journalist Helen Kennedy.

Harvard Law Professor Laurence Tribe wrote that Chesebro, who saw Thomas as Trump's "only chance" to stop the 2020 election, should be held accountable for his actions as well.

"Such abhorrent abuse of an attorney's license to practice law should be strictly disciplined and perhaps criminally prosecuted," Tribe tweeted.

Reporter Jacqueline Alemany, who covered the emails for The Washington Post, told MSNBC that the discussions also raise questions about why Eastman and Chesebro were so confident that Thomas "would be so sympathetic" to their cause and his wife's communications with Eastman and others about overturning the election.

"It's a very small world here," Alemany said. "There was no indication in the correspondence that either of the Thomases were [copied] on the e-mails, but you can clearly see why John Eastman was fighting hard to prevent the release of these e-mails."

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PostPosted: Thu Apr 20, 2023 1:21 am    Post subject: Reply with quote

https://www.rawstory.com/jim-jordan-mark-pomerantz-subpoena/

Trump judge refuses to block Jim Jordan's subpoena for former New York DA adviser Mark Pomerantz

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PostPosted: Mon Apr 24, 2023 9:16 pm    Post subject: Reply with quote

another example

ttps://www.msn.com/en-us/news/crime/michael-cohen-appeal-ex-trump-fixer-tells-court-lawsuit-s-dismissal-lets-rogue-presidents-lock-up-their-political-enemies/ar-AA1ahicG?cvid=b863dc5dfc8e4b42b7165eb42d1ae5d6&ocid=winp2fptaskbarhover&ei=11

Michael Cohen appeal: Ex-Trump fixer tells court lawsuit’s dismissal lets ‘rogue’ presidents ‘lock up’ their ‘political enemies’


Quote:
Former President Donald Trump’s ex-fixer Michael Cohen urged a federal appeals court on Monday to revive his lawsuit describing his stint in solitary confinement as political payback for writing a book that embarrassed his old boss.


“In a nation of laws and a society premised on notions of individual liberty, this type of violation is so fundamentally undemocratic that there must be a cause of action in the courts to remedy and deter it,” his attorney E. Danya Perry wrote in a 30-page legal brief.

Nearly three years ago, a federal judge ordered Cohen’s release from prison during the coronavirus pandemic, finding that the Trump administration remanded him in “retaliation” for writing his tell-all book. Cohen sued the U.S. government, Trump, and several of his administration’s officials the next year, seeking civil damages for being left “for weeks to a filthy, broiling cell.”


In November 2022, U.S. District Judge Lewis Liman — a Trump appointee — dismissed Cohen’s lawsuit, but he appeared to lament that outcome in his ruling.

“Cohen’s complaint and the motions to dismiss now before this Court raise fundamental questions about the meaning and value of constitutional rights, the relationship between a citizen and the government, and the role of the federal courts in protecting those rights,” Liman wrote in the introduction of his opinion. “The ability to publicly criticize even our most prominent politicians and leaders without fear of retaliation is a hallmark of American democracy; political speech is core First Amendment speech.”

Related Coverage:
Ultimately, Liman found that Supreme Court precedents did not allow for civil lawsuits premised on the allegations Cohen described. Cohen alleged violations of his First, Fourth, and Eight Amendment rights, under the Supreme Court’s precedent in Bivens, which allowed private causes of action against federal government officials for trampling on constitutional rights.

Related video: Donald Trump lashes out at prosecutor and judge after court appearance (PA Media)
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Until Congress extended Bivens’ rights to include presidential retribution, the judge found, Cohen did not have a viable case.

“Cohen’s complaint alleges an egregious violation of constitutional rights by the executive branch — nothing short of the use of executive power to lock up the President’s political enemies for speaking critically of him,” Liman wrote. “The Supreme Court’s precedents ensure that there is at best a partial remedy for the abuse of power and violation of rights against the perpetrators of those wrongs.”

Quoting that passage of Liman’s ruling, Cohen’s legal team argues that Trump’s “egregiously unconstitutional and antidemocratic conduct” cries out for punishment.

“The Court must not turn a blind eye to the type of misconduct Mr. Cohen alleges here because it is insufficiently analogous to earlier cases involving misconduct by line law enforcement officers, or because there is a metaphysical chance that some Congress some time in what is likely a distant future will provide a suitable remedy,” the brief argues. “To do so would render a nullity the concepts of a people endowed with certain inalienable rights, of an executive with limited powers, and of a judiciary empowered to check and deter the abuses of a rogue executive.”

Cohen’s legal team emphasized that their client was released from behind bars because a different federal judge was alarmed by what happened.

“Here, the head of the executive branch wielded his immense power to have one of his critics silenced, thrown back into prison, and kept in conditions dangerous to his health,” the brief states. “Only an act of the judiciary stopped the abuse. The Constitution grants the federal courts jurisdiction over cases arising under the Constitution.”

They urged the appellate court not to “close its eyes to the lawlessness the District Courts have recognized.”

“Instead, the Court should recognize that, where such a grievous injury is done to a citizen’s rights and to the nation’s rule of law, there must be a remedy,” they added.

Sign up for the Law&Crime Daily Newsletter for more breaking news and updates
Trump’s attorney didn’t immediately respond to an email requesting comment.

Read the brief here.

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PostPosted: Thu Jun 15, 2023 12:52 pm    Post subject: Reply with quote

so recently to add to the above trump has asked the judge in NY be removed because he donated USD$35.00 to a democratic campaign as conflict of interest.

Now the statute "meet the standard for recusal" if I remember is is there is a reasonable belief that others could believe there is a conflict of interest. Well USD$35.00 certainly does not meet that. But... this judge certainly meets his criteria and the general.

this first video is very clear.

https://www.msnbc.com/andrea-mitchell-reports/watch/weissmann-shares-the-two-things-judge-cannon-wrote-that-he-believes-meet-the-standard-for-recusal-181768773530



14 days total experience with criminal cases.... learning on the job.

https://www.msn.com/en-us/news/politics/learning-on-the-job-ny-times-investigation-reveals-trump-judge-s-lack-of-experience/ar-AA1cyB6t?ocid=winp2fptaskbarhover&cvid=e91b8c1fc73d409db22e38ff287511e9&ei=34

'Learning on the job': NY Times investigation reveals Trump judge's lack of experience


Quote:
The Trump-appointed federal judge randomly assigned to preside over former president Donald Trump's classified documents case has been called into question over her ability to act as an objective arbiter after the conservative-leaning U.S. Court of Appeals for the 11th Circuit rebuked her previous ruling.

And that’s not the only question mark surrounding U.S. District Judge Aileen M. Cannon’s qualifications.

According to new reporting from The New York Times, Cannon has scant experience hearing criminal cases.

A Bloomberg Law database listing 224 criminal cases that were assigned to Cannon reviewed by The Times found that just four went to trial, all of which were largely routine cases, meaning the judge presiding over arguably one of the most important criminal cases in U.S. history is going into the trial with a total of 14 days experience trying criminal cases, the report said.

Michael S. Schmidt and Charlie Savage write for The Times that, “Judge Cannon’s suitability to handle such a high-stakes and high-profile case has already attracted scrutiny amid widespread perceptions that she demonstrated bias in the former president’s favor last year, when she oversaw a long-shot lawsuit filed by Mr. Trump challenging the FBI’s court-approved search of his Florida home and club, Mar-a-Lago.

“In that case, she shocked legal experts across the ideological divide by disrupting the investigation — including suggesting that Mr. Trump gets special protections as a former president that any other target of a search warrant would not receive — before a conservative appeals court shut her down, ruling that she never had legitimate legal authority to intervene.


Cannon’s lack of experience and past rulings suggesting bias in favor of the former president raises questions over her ability to preside over the trial fairly, Georgetown University criminal law professor Julie O’Sullivan told The Times.

“She’s both an inexperienced judge and a judge who has previously indicated that she thinks the former president is subject to special rules so who knows what she will do with those issues?” O’Sullivan.

The report notes that Cannon will be asked to resolve uniquely complicated issues such as how classified information can be used under the Classified Information Procedures Act, a national security law that there is no indication Cannon has encountered as a judge.

Schmidt and Savage write: “The Trump case is likely to raise myriad complexities that would be challenging for any judge — let alone one who will be essentially learning on the job.”




.
https://www.msnbc.com/opinion/msnbc-opinion/aileen-cannon-wrong-judge-preside-trumps-case-rcna89156

Some Trump judges have done him no favors. Aileen Cannon isn’t one of them.

https://www.youtube.com/watch?v=BDxyY-Ulc_8&t=296s

Trump trial takes DANGEROUS turn with corrupt judge


Quote:
The Legal Breakdown episode 80: @GlennKirschner2 joins to discuss whether Judge Aileen Cannon will recuse from the Trump trial in Florida.

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PostPosted: Fri Jul 07, 2023 8:57 pm    Post subject: Reply with quote

imagine this if this 19yo would have been black what the judge would have done...

remember Trevor it was ok to kill him because he had skittles in his coat pocket.

https://www.msn.com/en-us/news/crime/trump-appointed-judge-gives-a-break-to-jan-6-rioter-who-wants-to-be-a-police-officer/ar-AA1dAkHk?ocid=winp2fptaskbarhover&cvid=5d69af8288ca4dc09049803ecdb48343&ei=27

Trump-appointed judge gives a 'break' to Jan. 6 rioter who wants to be a police officer


Quote:
WASHINGTON — A federal judge nominated by former President Donald Trump gave a “break” Friday to a man who used bear spray during the Jan. 6 attack on the Capitol, saying he did not deserve the prison sentence requested by prosecutors.

U.S. District Judge Trevor McFadden sentenced Tyler Bensch, who pleaded guilty to two misdemeanor counts in connection with the riot, to two years of probation and 60 days home incarceration. Prosecutors had requested nine months in federal prison.

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