On Tuesday, September 17, 2024, ProPublica reported that Judge Aileen Cannon, presiding over the high-profile Trump classified documents case, failed to disclose her attendance at a May 2023 banquet funded by a conservative law school. This failure to comply with disclosure requirements has raised concerns regarding transparency and potential conflicts of interest among federal judges.
Cannon, who garnered significant attention for dismissing the criminal case against Donald Trump in July, was noted for attending an event in Arlington, Virginia, that honored the late Supreme Court Justice Antonin Scalia. The event, organized by the Law and Economics Center at George Mason University, featured a lecture and a private dinner attended by several conservative federal judges, members of the Federalist Society, and Scalia’s family. The event was advertised as an opportunity for judges to network with their peers.
Under a rule established in 2006, federal judges are required to disclose their participation in paid seminars within 30 days to ensure transparency and prevent conflicts of interest. These disclosures must also be made public on the court’s website. However, Cannon has previously failed to fully adhere to this requirement. In 2021 and 2022, she attended weeklong legal colloquiums at the Sage Lodge in Pray, Montana, also sponsored by George Mason University. Reports indicate that Cannon did not post the required disclosures until inquiries from NPR prompted her to do so.
In an email to ProPublica, a clerk in the Southern District of Florida stated that while Cannon had filed the Sage Lodge trip disclosures with the federal judiciary’s administrative office, she had not publicly posted them on the court’s website due to an oversight. The clerk mentioned that judges often overlook the necessity of submitting information in two different places. Regarding the May 2023 banquet, the clerk indicated that there was no available information about Cannon’s attendance.
Virginia Canter, chief ethics counsel for the watchdog organization Citizens for Responsibility and Ethics in Washington, emphasized the importance of judges complying with disclosure laws, stating, “Judges administer the law, and we have a right to expect every judge to comply with the law.”
Cannon’s husband, Joshua Lorence, accompanied her on the trips to Montana, which included discussions with prominent conservative jurists, lawyers, and professors. Records obtained by ProPublica show that Cannon sought reimbursement for travel expenses related to these events, indicating a level of financial engagement with the seminars.
In addition to the seminar disclosures, federal judges are required to file annual financial disclosures outlining assets, outside income, and gifts. Cannon’s 2023 annual disclosure form, which was due in May, has not yet been posted publicly. While she reported her trips to Montana on this form, the necessary seminar disclosures were still lacking. In a previous year, Cannon incorrectly identified George Mason University as “George Madison University” on her disclosure forms.
The court’s administrative office did not disclose whether Cannon requested an extension for her disclosures or whether she met the filing deadline. The spokesperson refrained from commenting on the status of her 2023 disclosure, which requires internal review.
Cannon’s tenure has faced scrutiny from legal experts, former judges, and observers, who have criticized her for delayed decisions and inconsistent rulings in various civil and criminal cases. In July 2024, she dismissed the case brought by Special Counsel Jack Smith regarding Trump’s handling of classified documents, stating that Smith’s appointment was unconstitutional due to not being nominated by the president or approved by the Senate. This decision is currently under appeal in the 11th U.S. Circuit Court of Appeals, which has previously overruled Cannon twice in the same matter.
Trump, who appointed Cannon in 2020, has publicly praised her, referring to her as brilliant. Meanwhile, Federalist Society founder Steven Calabresi labeled her a heroine for her decision to dismiss the criminal case against Trump.
George Mason University’s Law and Economics Center has been a prominent host of judicial education programs, attracting thousands of judges and several current Supreme Court justices. While the university claims its programs strive for balance and intellectual rigor, agendas and speaker lists often reflect conservative legal perspectives.
Ken Turchi, associate dean for external affairs at George Mason, confirmed that the law school does not oversee judges’ disclosure processes, emphasizing that the responsibility for submitting these forms lies solely with the judges.
The guest list for the May 2023 Scalia Forum included notable figures such as William H. Pryor Jr., chief judge of the 11th Circuit, and Kyle Duncan, a judge on the 5th Circuit, both of whom filed their required disclosures for the event.
Judicial reform advocates, such as Gabe Roth from Fix the Court, have noted improvements in compliance with the seminar disclosure rule across various circuits. Roth emphasized that these disclosures are essential for the public and litigants to understand the affiliations and influences surrounding judges.
Source: ProPublica
