Judge’s Cannon Fodder For the Legal Scene
Tom Borman, Senior Law Contributor
Imagine a federal judge’s chambers as a high-stakes game of musical chairs, where the music suddenly stops and two players unexpectedly bolt for the exit. That’s the curious situation unfolding in the office of Judge Aileen Cannon, documented earlier this year in David Lat’s ‘Original Jurisdiction’ substack letter as its ‘most read’ story for 2024.
But the story is yet to unfold in its full glory given that Judge Cannon may be a Trump nominee for the US Supreme Court. Whispers in the corridors of power suggest that Judge Cannon might be auditioning for a role bigger than her current gig – a seat on the Supreme Court.
Some legal experts, like Richard W. Painter, (pictured) a former White House ethics lawyer under George W Bush have suggested that Cannon’s handling of the Trump case where she granted Trump’s request for a special master to review seized documents (a decision later smacked down by an appeals court) to dismissing the entire case on grounds that special counsel Jack Smith’s appointment was unconstitutional.
According to Painter and others she may well be jockeying for position in case there’s a Supreme Court vacancy under a potential future Trump administration.
Will she be appointed by the Trump presidency to the US Supreme Court?
To understand the gravity of this situation regarding Judge Aileen Cannon we need to take a step back and look at the bigger picture. Judge Cannon, at the tender age of 41, finds herself at the center of a legal and political maelstrom that would make even the most seasoned Law & Order blanche.
The Great Clerk Exodus
The reasons for the law clerk exodus go beyond a coffee shortage in the Judge’s office, but are more grounded in Judge Cannon’s handling of the Trump classified documents case, which has turned her once-coveted clerkships into the legal world’s hot potato.
It is highly unusual to have multiple clerks fleeing mid-term from a highly sought-after position working with a leading jurist.
David Lat, who first reported on the clerk departures, sent multiple emails requesting comment but received only read receipts with no actual responses. This lack of public acknowledgment or explanation from Judge Cannon’s office regarding the clerk exodus has only fueled further speculation about the situation in her chambers.
Sources paint a picture of a judge transformed. Pre-Trump Cannon was described as a mentor who delegated responsibility and inspired confidence. Post-Trump Cannon? Think Miranda Priestly from “The Devil Wears Prada,” maybe.
The chambers’ atmosphere reportedly shifted from “The West Wing” to “Survivor,” with 80-100 hour work weeks becoming the norm. One clerk extended her stay on the condition of fixed hours, only to find herself working more than the Energizer Bunny on Red Bull. She bid adieu after 14 months, leaving behind a LinkedIn profile as blank as a first-year law student’s resume.
Another clerk started her clerkship with the enthusiasm and after six months orchestrated an escape from the Judge’s chambers, securing backup plans with both a D.C. law firm and a future clerkship before making her grand exit.
The revolving door of Cannon’s chambers has left her with a team greener than kale smoothies.
The Cannon Controversy
The controversy over Judge Cannon’s handling of the Trump Mar-a-Lago classified documents and the departure of her clerks has also lead to increased scrutiny of her affairs, with a report in September from ProPublica suggesting that she was playing a little fast and loose with the rules of judicial disclosure.
In May 2023, and Judge Cannon was reportedly rubbing elbows with the crème de la crème of the conservative legal world at a swanky banquet in Arlington, Virginia at a tribute to the late Justice Antonin Scalia, complete with a lecture.
Judges are supposed to disclose these kinds of all-expenses-paid jaunts within 30 days, faster than you can say “objection overruled” as part of a 2006 rule designed to keep our robed arbiters on the straight and narrow.
In 2021 and 2022, she took weeklong trips to Montana’s Sage Lodge, courtesy of George Mason University’s Law and Economics Center, the same folks behind the Scalia shindig.
What It Means for the Legal Community
For lawyers and legal professionals, the goings-on with Judge Cannon is more than just juicy gossip for the water cooler but also raises serious questions about judicial conduct, the integrity of the legal system, and the potential politicization of the bench.
Are we witnessing a judge making decisions based on future career prospects rather than the letter of the law? Or is this simply a case of a young judge finding her footing in a high-pressure environment?
Whatever the case, one thing’s for sure: Judge Cannon’s courtroom has become one of the hottest ticket in town for legal drama.
I found the segment on the ‘Great Clerk Exodus’ particularly intriguing. Has there been any official response from Judge Cannon’s chambers on this issue? It’s crucial for law students like us to understand the dynamics and consequences of judicial behavior.
Handling of classified docs is always a sensitive topic. Judge Cannon’s approach raises a lot of eyebrows, that’s for sure. Transparency in these matters is key to maintaining public trust in the judicial system.
But don’t you think all parties involved in such cases operate under immense pressure? Perhaps the Judge is doing her best under the circumstances.
Doing their best? In the legal field? That’s a good one! Haven’t seen ‘best practices’ in ages. This controversy is just the tip.
Classic case of political drama infiltrating the legal system. Everyone’s playing games. What happened to integrity? Or was that just a myth to begin with?
It’s disheartening to see the legal profession caught in such controversies. However, it’s an important reminder of the challenges and responsibilities we face. Hopefully, this can be a learning moment for all parties involved.
Ever consider that this is all just a scapegoat scenario? Maybe there’s more going on behind the scenes. The docs, the judge, it’s all a distraction, folks.
I think it’s essential to focus on the facts and the credible reports coming out. Conspiracy theories only serve to muddle the already complex issues at hand.