A loose legal Cannon

Judges are the weakest link in our system of justice, and they are also the most protected. —Alan Dershowitz

Aloose legal cannon presides in the Southern District of Florida over a federal espionage case dealing with the removal of national security-related and classified documents which when sought for return and official archive storage were denied: denied they were present, denied they were anything but the personal property of a President who had just failed his re-election bid.

No need to recount here the current plethora of Trump criminal and civil cases — some tried, some with guilty verdicts — many pending. Here of interest is the peculiar, perplexing and perfidious behaviors of the US vs Trump espionage case’s presiding official Judge Aileen Cannon and her legal processes deterring public access to evidence, facts, the behaviors of a Presidential candidate. From a former President proclaiming innocence of all indictments, let’s hear it — Judge Cannon ought help Trump refute false claims if they are false– in her court.

Nominated by Trump in May of 2020, at 40 with scant trial experience, Cannon was appointed in November just days after Trump’s 2020 re-election failure with a 56-21 Senate Confirmation — 22 not voting. In 2018, Dan McGahn, then White House Counsel, boasted of the Administration’s rigorous judicial nominee interview process “… the President (is) nominating ... people who have some experience, if not expertise, in dealing with government…” However, Judge Cannon’s trial experience and lack of law expertise has been lambasted by judges and law professionals across ages, partisan alignments, and institutional positions as scant — wanting. She is deemed as possessing — by evidence of her repeat behaviors — little knowledge of the legal landscape related to national security/confidential documents and the Espionage Act along with an unceasing proneness to questionable judgements, requests, and non-rulings. Her legal and trial shortcomings have resulted in her being overturned and reprimanded by the 11th Circuit Appeals Court twice in the past year.

Cannon has recently indicated, in her briefs and calls for prosecutor and defense response, that for her a civil statute — Presidential Records Act — trumps the criminal statute Espionage Act under which the document case criminal indictments are set.

She has delayed clear pretrial rulings, clear so say key legal experts, and more alarmingly perhaps is positioning the case for her dismissal after a Jury is sworn in — precluding an appeal — if and when a date for trial is set and commenced. In Cannon’s legal career, criminal trial law was not her focus, rather she concentrated early on appeals — the appellate system — is this where her expertise lies- when, where and how to progress or block an appeal?

Cannon was “randomly” assigned THE federal espionage case of the nation’s history with the former President as plaintiff, the “luck of the draw.” Amazingly, formal qualifications for federal judges, are almost none — no age requirement, no minimal

experience — not even a requirement for legal training. Any one confirmed by the Senate as a District Judge has Article III protections of life tenure and non-reducible salaries. A District Judge is removable only by Congressional impeachment. So, liken to SCOTUS, big questions about our Judiciary: what qualifications drive judicial confirmation, what assures sustained ethical and legal behavior of Judges, and how are these positions of such powerful impact restricted in tenure and accountable for behavior? Time to do something.

The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing. — Caroline Kennedy


Kathy Herald-Marlowe lives in Sharon.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Racecars roar in NASCAR’s return to Lime Rock Park

High-speed action made for a weekend of excitement at Lime Rock Park Friday and Saturday, June 27-28.

Photo by Simon Markow

LAKEVILLE — For the first time since 2011, Lime Rock Park hosted National Association for Stock Car Auto Racing events June 27 and 28.

It was billed as the largest event in modern track history with an estimated 20,000 fans attending.

Keep ReadingShow less
Joseph Robert Meehan

SALISBURY — Joseph Robert Meehan the 2nd,photographer, college professor and nearly 50 year resident of Salisbury, passed away peacefully at Noble Horizon on June 17, 2025. He was 83.

He was the son of Joseph Meehan the 1st and his mother, Anna Burawa of Levittown, New York, and sister Joanne, of Montgomery, New York.

Keep ReadingShow less
Florence Olive Zutter Murphy

STANFORDVILLE, New York — It is with profound sadness that we announce the passing of Florence Olive Zutter Murphy, who went home to be with the Lord on June 16, 2025, at the age of 99.

She was born in Sharon, Connecticut on Nov. 20, 1925, and was a long time resident of the Dutchess County area.

Keep ReadingShow less
Chore Service hosts annual garden party fundraiser

Chore Service hosted 250 supporters at it’s annual Garden Party fundraiser.

Bob Ellwood

On Saturday, June 21, Mort Klaus, longtime Sharon resident, hosted 250 enthusiastic supporters of Northwest Corner’s beloved nonprofit, Chore Service at his stunning 175-acre property. Chore Service provides essential non-medical support to help older adults and those with disabilities maintain their independence and quality of life in their own homes.

Jane MacLaren, Executive Director, and Dolores Perotti, Board President, personally welcomed arriving attendees. The well-stocked bar and enticing hors d’oeuvres table were popular destinations as the crowd waited for the afternoon’s presentations.

Keep ReadingShow less