Politics
Column: This is Judge Aileen Cannon's big gamble in the Trump classified records case
As U.S. District Judge Aileen Cannon entertains another far-fetched argument from Trump’s defense team in the classified documents prosecution, a recent report sheds considerable light on her vexing oversight of the case.
When Cannon was assigned to the case by lottery, the New York Times reported last week, two of her fellow judges urged the Trump appointee to transfer the case.
Those calls were extraordinary. New judges like Cannon might seek out the advice of colleagues on various questions, potentially including whether to take on such a difficult case early in their tenure. But for not one but two other sitting judges to urge a colleague to give up an assignment demonstrates severe concern within the Southern District of Florida.
It’s not hard to understand why. Cannon’s assignment came six months after she spectacularly bungled a Trump lawsuit protesting the search for and seizure of the documents that would form the basis of the federal charges.
Cannon’s mischief-making in the civil case included her appointment of a special master to sift through the seized documents based on Trump’s claim of executive privilege. That shackled the Justice Department in an unprecedented fashion and drew criticism from legal experts of all ideological stripes.
It took two decisions excoriating Cannon by the conservative 11th Circuit U.S. Court of Appeals to shut down her misadventure. Those two strikes against the judge arguably put her oversight of the case at real risk if she draws another rebuke from the appellate court.
The first call to Cannon from an unidentified colleague reportedly offered face-saving reasons for her to give up the case. The judge pointed to logistical concerns such as the lack of a sensitive compartmented information facility, or SCIF, in Cannon’s Fort Pierce, Fla., courthouse. (In fact, Cannon’s retention of the case required a SCIF to be built there at considerable cost to taxpayers.)
But Cannon refused to take the hint. That was when the chief judge of the district, Cecilia M. Altonaga, reportedly stepped in to make a “more pointed” argument.
Altonaga gave Cannon the unvarnished facts, according to the report. She told the new judge that the prior debacle in the search warrant litigation made it “bad optics” for her to preside over the case. And since she was speaking as the district’s chief judge, the implication was that keeping the case would hurt not only Cannon but the entire district.
The report suggests a forceful appeal, close to a demand, from a chief judge to a novice with very little trial experience. The chief judge is the closest a federal judge gets to a boss. Moreover, Altonaga is an appointee of another Republican, George W. Bush, so Cannon had no reason to see her as a member of the enemy camp.
New federal judges to some extent have to leave society and old friendships behind, assuming a necessary distance from former colleagues that can be difficult. Their colleagues in the district typically become their closest confidants as well as a primary source of professional esteem. For those reasons, rebuffing one’s fellow jurists is the last thing most judges want to do.
And it hasn’t gone unnoticed. On the contrary, the New York Times reported that Cannon’s refusal of her colleagues’ entreaties “has spread among other federal judges and the people who know them.”
Cannon’s obduracy was a forewarning of her bizarre and almost ludicrously pro-Trump handling of the case. She has generally shown hostility to prosecutors, given extensive consideration to patently meritless defense motions, and studiously avoided issuing any rulings that could be appealed to the 11th Circuit and lead to her recusal. A case in point is Monday’s hearing of the defense’s dubious argument that special counsel Jack Smith’s appointment was unconstitutional.
The upshot is that what should have been the most cut and dried of the four criminal cases against Trump — a case in which his lawlessness is patent and uncomplicated — is highly unlikely to proceed to trial before the election.
The latest reporting on Cannon confirms that she is willing to invite the deep disrespect of the community that normally determines a judge’s professional standing. If Trump wins in November, she has every reason to expect the gamble to pay large rewards. If he loses, she has every reason to expect to go down with the ship. It’s a risk she appears determined to run.
Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman
Politics
FLASHBACK: Arizona Dem Senate candidate called Trump voters 'dumb': 'Worst people in the world'
A House Democrat running for Senate in a key swing state bashed voters who supported then-President-elect Donald Trump in a resurfaced interview.
“I think Donald Trump ran a xenophobic campaign that drew out the worst people in the world that we are not going to appeal to and never will,” Rep. Ruben Gallego, D-Ariz., said in a 2016 interview directly after Trump won the presidential election.
Gallego also said in the interview that he will try to “protect” Americans from the policies of Trump, including those who were “dumb enough” to vote for him.
Fox News Digital reached out to the Gallego campaign for comment but did not receive a response.
ENIGMATIC VOTER GROUP COULD SPLIT TICKET FOR TRUMP, DEM SENATE CANDIDATE IN ARIZONA
“Ruben Gallego thinks you are a bad person if you support President Trump,” NRSC spokesperson Tate Mitchell told Fox News Digital. “Gallego is running to be a Senator for the far-left, not all of Arizona.”
The presidential race in Arizona is expected to be one of the closest in the country with the Real Clear Politics (RCP) average showing Trump with a tight lead, but the RCP average also shows that Gallego has a lead over his GOP opponent, Kari Lake.
On the campaign trail, Gallego has been a fierce critic of Trump despite the former president’s popularity in the state.
ARIZONA POLICE ORG ENDORSING TRUMP CROSSES AISLE TO BACK PROGRESSIVE DEM IN CLOSE SENATE RACE
Gallego called Trump a “craven politician” in an interview with MSNBC earlier this year and has routinely gone after the former president on social media, including posts suggesting Trump and Lake are threats to democracy.
Lake has made the case on the campaign trail that Gallego is a rubber stamp for a Biden-Harris administration.
“President Trump’s consistently strong lead in Arizona proves that Arizonans are tired of and dissatisfied with the policies of Kamala Harris and Ruben Gallego that have caused record-high inflation and made our state less safe by opening the border to millions of unchecked illegal immigrants,” a Lake spokesperson told Fox News Digital earlier this year.
“As voters learn the truth about Gallego’s voting record and the fact that he has voted for Biden-Harris policies 100% of the time, they will reject Radical Ruben just as they reject Kamala Harris.”
The Cook Political Report ranks the Arizona Senate race as “Lean Democrat.”
Fox News Digital’s Julia Johnson contributed to this report
Politics
In postwar California, the Red Light Bandit pricked a governor's conscience
By the time 38-year-old Caryl Chessman was executed on the morning of May 2, 1960, he had been on California’s death row for 12 years. His brooding, rough-hewn features were recognizable worldwide, his name a rallying cry from South America to the Vatican.
He was mid-century America’s foremost tough-hooligan intellectual, a high school dropout and autodidact who wrote and published four books while waiting to die. He bragged colorfully about his prolific crime sprees, but swore he was innocent of the charges that made him infamous.
He inspired literary admiration, hunger strikes, protest songs, diplomatic crises and a crisis of conscience for the state’s Catholic governor.
He is mostly forgotten today. But Chessman’s case dominated the debate about capital punishment for years. Apart from his skill as a writer, his gift for publicity and the length of his stay on death row — a record at the time — his case was unusual because he had not been convicted of murder or even charged with it.
In this series, Christopher Goffard revisits old crimes in Los Angeles and beyond, from the famous to the forgotten, the consequential to the obscure, diving into archives and the memories of those who were there.
He became notorious, however, as the terror of lovers’ lanes. During a four-day stretch in late January 1948, the Red Light Bandit — so-called because his late-model Ford was equipped with a police-style flashing light to deceive victims — robbed couples at gunpoint in Malibu and Laurel Canyon, on hills and secluded roads above L.A. and Pasadena.
In one attack, the gunman forced a woman to accompany him to his car — a distance of 22 feet made arduous, a prosecutor would say, by the effects of polio — and forced her to perform oral sex. Two nights later, the gunman abducted a 17-year-old girl, drove her around the city for hours, and again demanded oral sex. Those two incidents would bring charges under the state’s Little Lindbergh Law, which permitted the death penalty in kidnapping with bodily injury.
After a high-speed chase, police caught Chessman at Sixth Street and Vermont Avenue in a stolen Ford linked to a Redondo Beach stickup. During interrogation, Chessman implicated himself in the bandit’s crimes, though he claimed police beat the confession out of him.
Disastrously for Chessman, whose arrogance and hunger for the spotlight were among his most striking traits, he insisted on acting as his own attorney. He cross-examined the sexual assault victims, who identified him as their attacker. The teenage girl looked at him directly and said, “I know it was you.”
“He liked to boast about being a great criminal, but great criminals don’t keep getting caught,” Theodore Hamm, who wrote a book about Chessman, told The Times in a recent interview. “He thought he was the smartest guy in the room and he could outwit any prosecutor and win over the jury. It obviously didn’t work out in his favor.”
Jurors convicted him of 17 counts for a month-long crime spree. He was 26 years old, and smiling defiantly, when the judge handed down two death sentences. His 12-year legal battle to avoid San Quentin’s gas chamber — what he called “that ugly green room” — attracted worldwide attention, as did his prison writings.
His 1954 memoir, “Cell 2455, Death Row: A Condemned Man’s Own Story,” became a bestseller.
He described his face, with its battered nose and large features, as one “that has seen too much, a young-old face, scarred by violence… a predatory face that seemingly has found its rightful place in the gallery of the doomed.”
Born in Michigan and raised in Glendale by devout Baptists, he became conscious of “the shame and the degradation” of poverty when his father’s business ventures flopped.
He wrote of a childhood in which he learned to scorn society and its codes, concluding that “you got away with anything you were smart enough to get away with.” He spent years in juvenile detention, reform school and jail.
He loved “the game of cops and robbers,” he recounted, and became an expert prevaricator. Arrested for theft on his 17th birthday, he told police “one glib lie after another” and developed “a fool-proof technique: tell near-truths, half-truths, but never the whole truth.”
He described himself as having been “a grinning, brooding young criminal psychopath in defiantly willing bondage to his psychopathy.” With “hate and guile the tools of his trade,” he held up bordellos, liquor stores and gas stations. In a gunfight with police, he yelled, “Come on, you dirty bastards, let’s play!”
His long criminal record was never in dispute, but it’s easy to suspect he embellished some of his outlaw exploits. His stories had a self-dramatizing flair. He understood the tug of crime for the attention-hungry — and society’s weakness for outlaw heroes.
“All you have to do is be a violent, robbing, murderous bastard and your fame is assured,” he wrote. “One of the peculiarities of squares is their screwy propensity to glorify rogues and scoundrels.”
In some circles, his death row writing was greeted with rapture. It was a “sparkling contribution” to criminology, according to the New York Times, and evidence of “salvation of the self,” as Partisan Review magazine put it.
“He impressed the New York intellectuals,” Hamm said. In a postwar period teeming with optimism about the possibilities of reform, “he came to stand for a rehabilitated prisoner, and the evidence of his rehabilitation was his articulate explanation of things that wove in pop psychology about reform.”
Eleanor Roosevelt, Ray Bradbury and Aldous Huxley signed pleas to spare Chessman. Petitions poured into the office of Gov. Edmund “Pat” Brown, a Democrat who believed Chessman guilty but abhorred the death penalty on religious grounds. In 1959, he denied Chessman clemency, saying he’d shown no contrition but rather “steadfast arrogance and contempt for society and its laws.”
Chessman made the cover of Time, and around the world, from the Vatican newspaper to the Daily Mail in London, editorials weighed in on his side.
Ronnie Hawkins recorded a protest song, “The Ballad of Caryl Chessman,” with lyrics that captured the sentiment among many sympathizers: What they’re saying may be true, but what good would killin’ him do? Let him live, let him live, let him live. I’m not sayin’ forget or forgive…If he’s guilty of his crime, keep him in jail a long, long time, but let him live, let him live, let him live…
The Los Angeles Times was not among the sympathetic voices. An editorial denounced the “save-Chessman madness,” arguing that the real outrages were the drawn-out legal maneuvering and political weakness that had delayed his execution.
“Grinning, arrogant, sharp-witted — and alive — Chessman, committer of indescribable crimes, is a heavy reproach to the state’s conscience,” The Times argued, saying his supporters were ignorant of the gravity of his crimes “because the newspapers dare not publish the horrible details.”
The U.S. State Department warned Brown that Chessman’s execution might inflame protesters during an upcoming trip President Eisenhower planned in Uruguay, where the prisoner was a cause célèbre. And Brown got a call from his 21-year-old son, Jerry, a recent seminarian and future governor, who pleaded with his father to spare Chessman’s life.
The governor ordered a reprieve, but when he asked lawmakers for a death penalty moratorium, they refused. Anti-Chessman crowds burned Brown in effigy and booed him and his family in public.
Prison officials tried to muzzle Chessman, but he kept writing and had pages smuggled out. Eight times, he was assigned dates with the green room, and eight times he won delays.
In the end, Brown claimed he was powerless to stop the execution, because the state Supreme Court had ruled against Chessman.
Until his death, Chessman denied he was the Red Light Bandit. He suggested he knew who the “real” Bandit was, but refused to say. One of his last comments was, “I hope my fate has contributed something toward ending capital punishment.”
The circumstances of his execution gave further ammunition to critics who saw the system as capricious and absurd. That day, Chessman’s lawyers had persuaded a judge to issue a brief stay, but the judge’s secretary misdialed the prison to relay the news — and by the time the call went through, Chessman was dead.
Chessman wanted his remains deposited alongside his parents’, but Forest Lawn Memorial Park in Glendale refused on the grounds that he had been “unrepentant.”
The case galvanized opponents of the death penalty, and reformers used it to press for modified kidnapping statutes. California executed another inmate under the Little Lindberg Law in 1961, the last for a nonlethal crime, and the U.S. Supreme Court struck down the death penalty 11 years later (though it was reinstated). In 2019, Gov. Gavin Newsom declared a moratorium on executions in California.
The case haunted Brown’s political career. When Ronald Reagan defeated him as governor, Brown knew his opposition to the death penalty played no small role. Brown believed Chessman a nasty and arrogant man, yet his failure to do more to save him would prove a source of deep regret.
There were political calculations “for an elected official with programs he hoped to implement for the common good,” Brown would say, decades later. “I firmly believe all that. I also believe that I should have found a way to spare Chessman’s life.”
Politics
NC gubernatorial candidate Mark Robinson hospitalized following 'incident' at campaign event
North Carolina gubernatorial candidate Mark Robinson was hospitalized following an “incident” at a campaign event on Friday evening, Fox News Digital has confirmed.
It happened while Robinson was attending the Mayberry Truck Show in Mt. Airy, North Carolina.
“Lt. Gov. Mark Robinson was treated at Northern Regional Hospital for second-degree burns. He is in good spirits, appreciates the outpouring of well wishes, and is excited to return to the campaign trail as scheduled first thing tomorrow morning,” Mike Lonergan, Robinson’s campaign communications director told Fox News Digital.
It’s unclear exactly how Robinson was burned.
NC GUBERNATORIAL CANDIDATE MARK ROBINSON HIRES TRUMP-FRIENDLY LAWYER TO INVESTIGATE PORN WEBSITE ALLEGATIONS
Robinson, the current Republican lieutenant governor running against Democratic state Attorney General Josh Stein to replace Democratic Gov. Roy Cooper in the battleground state, was recently accused of making controversial comments on a porn website.
Robinson denies the allegations. He hired an attorney who previously worked for former President Trump. The Binnall Law Group from northern Virginia is investigating claims raised in a CNN report published earlier this week.
“Normally, something like this, an investigation, you know, run by the Department of Justice and the FBI would take months or years,” Binnall previously told Fox News Digital. “We can’t do that in this case because the voters need an answer before the election. And so we are going to move very quickly and still give them a very fulsome report.”
“He absolutely denies saying any of the things that are in the CNN piece,” Binnall said of Robinson. “What my investigation is going to do is we are going to follow the facts. We are going to investigate this strenuously. We are going to leave no stone unturned. We’re going to be very, very aggressive. And the citizens of North Carolina deserve nothing less than a full investigation of this matter, which is what we are going to do.”
BATTLEGROUND STATE REPUBLICAN DENIES INVOLVEMENT IN PORN SCANDAL, DISMISSES IT AS ‘TABLOID TRASH’
The CNN report surfaced comments Robinson allegedly made more than a decade ago on a porn site messaging board, including describing himself as a “black NAZI;” saying he enjoyed transgender pornography; saying that he preferred Hitler to then-President Barack Obama in 2012; and criticizing the late Rev. Martin Luther King Jr. as “worse than a maggot.”
Robinson has denied saying those words, but Republicans have begun to distance themselves from the candidate, who, if elected, would be North Carolina’s first Black governor. Trump did not mention Robinson, who he endorsed before the March primary and has spoken at other Trump events, during the Republican presidential nominee’s campaign rally in Wilmington, North Carolina, Saturday.
“The allegations against me are outright lies, fabricated to distract voters from Josh Stein’s disastrous record,” Robinson previously said in a statement to Fox News Digital regarding the investigation. “The great people of North Carolina deserve the truth, and I am fully committed to ensuring they get it with complete transparency.”
Fox News Digital’s Danielle Wallace contributed to this report.
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