Donald Trump's legal entanglements in the federal prosecution led by special counsel Jack Smith for mishandling classified documents could include the removal of Judge Aileen Cannon.
Cannon's handling of the case, marked by deviations from legal precedent during the investigative phase, has drawn sharp criticism.
“Now Smith appears to be preparing to ask the 11th Circuit to overturn at least one and possibly two of Judge Cannon’s decisions. While he is there on those other issues, he should also petition them to remove her from the case.”https://t.co/RLrN8P0fmF
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) February 21, 2024
Several of her rulings have been overturned by the U.S. Court of Appeals for the 11th Circuit, prompting Smith to consider appealing at least one, if not two, decisions.
In light of Cannon's questionable rulings, Smith may also pursue her removal from the case.
Smith's recent motion for reconsideration underscores the severity of Cannon's missteps, particularly her decision to unseal the identities of potential witnesses, exposing them to potential harm.
Smith argues that Cannon applied an excessively stringent legal standard, jeopardizing the safety of these individuals. Additionally, Cannon's apparent disregard for the risks of witness intimidation raises significant concerns about her impartiality.
Cannon's subsequent directive ordering Trump to respond to Smith's motion by Friday sets the stage for a pivotal ruling.
Her decision to either reverse her position or uphold it will have profound implications for the case's trajectory. If Cannon persists in her stance, Smith may seek her reassignment from the 11th Circuit.
Moreover, another potential dispute looms regarding access to classified documents under the Classified Information Procedures Act (CIPA).
While these hearings occur behind closed doors, there are doubts about Cannon's ability to navigate this complex legal terrain effectively. Her limited experience with the statute and perceived bias raise doubts about her capacity to render impartial decisions.
"In my opinion, it would be surprising if the judge is actually removed based on a delay-of-case argument. Usually, judges are only removed for conflicts of interest or other egregious behaviors in the case. Most state's procedural rules build in quite a bit of discretion in how the sitting judge handles discovery and deadlines in a case," told Newsweek.
Given Cannon's track record, including previous reversals by the 11th Circuit, questions about her impartiality persist. Calls for her recusal have emerged, particularly in light of actions perceived as favorable to Trump's interests.
As the legal proceedings unfold, Cannon's decisions continue to attract scrutiny, underscoring the need for transparency and adherence to legal standards in high-profile cases.
