Here's the argument as to why Cannon's potential removal is not ripe at this time: 1. She won't recuse herself if DOJ moves for it, & the district chief judge won't either. It would only come from the 11th Circuit via reassignment on remand after a successful DOJ appeal.
Here's the argument as to why Cannon's potential removal is not ripe at this time: 1. She won't recuse herself if DOJ moves for it, & the district chief judge won't either. It would only come from the 11th Circuit via reassignment on remand after a successful DOJ appeal.
2. Obviously DOJ hasn't appealed anything to date. Frankly, there's been nothing to appeal. DOJ is not going to appeal pre-trial & trial scheduling issues, as a court of appeals is EXTREMELY unlikely to second guess how a judge runs their docket. Being bad on scheduling, and...
...being generally hostile to DOJ during hearings is not grounds for appeal. DOJ need a final appealable order (not going to cover the complex appellate issues here), and there's really be nothing qualifying as such to date that's worth appealing.
3. That said, there are looming issues that could set up appealable orders: disclosing witness identities, granting any of the motions to dismiss, & perhaps some extreme version of granting the motions to compel (it'd have to be bad though; 11th Cir. will defer on discovery).
And then we'll have potential CIPA appeals if we ever get to Section 6(c) litigation (concerning what's disclosed at trial). 4. Even if DOJ appeals something, that doesn't mean they'll ask for her removal on remand. It would depend on how egregious her ruling was.