The5thHorseman
Platinum Member
- Nov 22, 2022
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Come on, Aileen...
Cannon turned to a 1975 case, Richey v. Smith, that laid out a four-factor test for when courts have jurisdiction to intervene in a criminal investigation.
She found Trump failed to meet the first prong—which required showing the government displayed a “callous disregard” for constitutional rights in conducting the search. But Cannon ruled for Trump under the three other factors, finding he had a need for the records, would be irreparably harmed if they weren’t returned, and remedies didn’t exist elsewhere.
The Eleventh Circuit said while Trump’s arguments fail under all four factors, Cannon should have dismissed the case after finding no evidence of “callous disregard” for Trump’s rights. Shane said the panel was sending a message to both Cannon and the Supreme Court in its detailed rejection of her entire legal analysis.
Was Judge Cannon the Biggest Loser in 11th Circuit's Ruling Against Trump? | National Law Journal
0-4
That is a divergence of opinion, on a fundamental matter of law, that SHOULD imperil the career of any jurist.
Cannon turned to a 1975 case, Richey v. Smith, that laid out a four-factor test for when courts have jurisdiction to intervene in a criminal investigation.
She found Trump failed to meet the first prong—which required showing the government displayed a “callous disregard” for constitutional rights in conducting the search. But Cannon ruled for Trump under the three other factors, finding he had a need for the records, would be irreparably harmed if they weren’t returned, and remedies didn’t exist elsewhere.
The Eleventh Circuit said while Trump’s arguments fail under all four factors, Cannon should have dismissed the case after finding no evidence of “callous disregard” for Trump’s rights. Shane said the panel was sending a message to both Cannon and the Supreme Court in its detailed rejection of her entire legal analysis.
Was Judge Cannon the Biggest Loser in 11th Circuit's Ruling Against Trump? | National Law Journal
0-4
That is a divergence of opinion, on a fundamental matter of law, that SHOULD imperil the career of any jurist.