Aileen Cannon, federal judge and controversial jurist, who dismissed the criminal case involving classified documents against Donald Trump last July, failed in her disclosure of her attendance at the May 2023 banquet sponsored by a conservative legal school.
Cannon attended an event in Arlington honoring late Supreme Court Justice Antonin Scalia. Documents obtained by the Law and Economics Center of George Mason University confirm this. She sat with members of Scalia’s family, Federalist Society members, and over 30 conservative federal judges at a private dinner and lecture. The organizers billed the event “as an excellent opportunity to network with judicial peers.”
In 2006, a rule was passed to shed light on judges who attend paid seminars which could cause conflicts or have an influence on decisions. The rule requires that they file disclosure forms within 30 days of the trip and post them on the website.
This is not the first instance she has broken the rules.
Cannon spent weeks at the Sage Lodge in Pray Montana for legal colloquiums that were sponsored by George Mason. The law school was named after Scalia, thanks to a $30 million donation from conservative judicial kingmaker Leonard Leo.
Sage Lodge’s standard room rates can be as high as $1,000 per night depending on the time of year. Cannon did not post the required disclosures for both Montana trips until NPR journalists asked about them this year, as part of an investigation into gaps in judicial disclosures.
Cannon has not responded to multiple requests for comment.
The clerk of the Southern District of Florida responded to a question from ProPublica by writing in an email that Cannon filed the Sage Lodge trips at the administrative office of the federal judiciary, but “inadvertently,” had not posted them on the website of the court. She said that “Judges don’t realize they have to input the information twice.”
The clerk stated that she did not have any information regarding the banquet in May 2023.
Virginia Canter is the chief ethics counsel for Citizens for Responsibility and Ethics, a Washington-based watchdog group.
Cannon’s restaurant executive husband Joshua Lorence accompanied her to 2021 and 2022 Colloquiums. These colloquia featured conservative jurists and lawyers, as well as long “afternoon studies breaks,” according ProPublica. Cannon sent an email to university staff asking them to submit parking costs and ask about reimbursement for rental cars.
Judicial Conference has set forth a policy on paid seminars. Federal judges must also file annual financial disclosures that include items like assets, income from outside sources, and gifts.
Cannon’s 2023 annual disclosure form, which was due by May, offers a second opportunity to report gifts and reimbursed expenses from third parties. It has not yet been posted. Cannon’s annual disclosure form for 2023, which was due in May and offers another chance to report gifts and reimbursements from outside parties, has not yet been posted. Cannon listed George Madison University incorrectly in 2021.
The administrative office of the court declined to confirm if she had requested a single extension, allowing her to file until August 13th. A spokesperson refused to discuss if she had met the deadline, or whether her disclosure was still being reviewed.
Cannon’s performance over the last four years has been criticized by lawyers, former federal court judges and courtroom witnesses who have told ProPublica she has not made timely decisions and her rulings on civil and criminal cases are unpredictable. Cannon threw out on July 15 the case brought forward by Special Counsel Jack Smith, who alleged that Trump mishandled classified materials at his Mar-a-Lago home. Cannon said Smith’s appointment was unconstitutional because he wasn’t nominated and approved by both the Senate and the President.
Smith has filed an appeal with the 11th U.S. Citizens for Responsibility and Ethics, a Washington-based group, has petitioned the 11th Circuit Court of Appeals to remand Smith’s decision and replace it.
Cannon’s brilliance has been praised by Trump, who appointed her to Fort Pierce Courthouse in 2020. Federalist Society founder Steven Calabresi also called her a hero for dismissing the criminal case against Trump.
According to the website, George Mason’s Law and Economics Center has sponsored judicial education programs for decades. These have attracted 5,000 state and Federal judges and four Supreme Court Justices. The school claims that its programs are aimed at achieving balance and intellectual rigor. The university’s conference agendas, speaker lists and other documents that it must submit to the courts describe lectures and panel discussions based on Federalist Society principles and conservative legal movements.
Ken Turchi said that the law school has no involvement in judicial disclosures. He said that the decision of judges to submit or not submit disclosure forms is theirs alone.
William H. Pryor Jr. was on the guest list of the Scalia Forum in May 2023. He is the chief judge for the 11th Circuit which is currently hearing Smith’s case. Pryor, along with Kyle Duncan, who is a 5th Circuit Judge, filed their disclosures in time for the Scalia Dinner.
Pryor’s court overruled Cannon in the Trump case twice. It agreed with the government on a motion to stay in September 2022 and determined that the government “had established substantial likelihood of succeeding on the merits.” The court ruled in December 2022 that Cannon erred by appointing a special expert to examine classified papers seized from Mar-a-Lago. Cannon was forced to shut down an expensive operation that had been set up by a New York federal judge who served as her special master.
Gabe Roth, the director of Fix the Court, an independent judicial reform organization, has said that compliance with the rule on privately-funded seminars in some circuits has improved since his group began to press for compliance with the Administrative Office of the Courts.
He said that the videos are a better way for litigants to learn about what type of people and groups judges hang out with.
Cannon’s records show she submitted minor reimbursement requests after her return, including for the 158-mile round trip she drove to the airport. She asked George Mason staff for details about an Alaska trip recommended by a former attorney in the Trump White House Counsel’s Office.
Cannon had registered to attend George Mason’s Hill Country Colloquium in a Texas resort, but due to scheduling issues had no choice but not to attend.
I hope to attend this event and others in the future.”