Legal Experts Suggest Judge Aileen Cannon Could Face Replacement in Trump's Classified Documents Case

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ICARO Media Group
Politics
20/03/2024 18h58

In a surprising twist, legal experts are speculating about the potential replacement of U.S. District Judge Aileen Cannon in the classified documents case involving former President Donald Trump. If special counsel Jack Smith seeks her removal, there is a possibility that an appeals court could step in and assign a new judge.

Over the past six months, the case has been described as a "slow-moving car-crash" by Ray Brescia, a professor at Albany Law School and former district court clerk. Brescia wrote in The Daily Beast, highlighting Judge Cannon's perceived commitment to protecting the former president at every turn.

Judge Cannon's recent rulings have raised alarm bells, with her intention to release the names of special counsel Jack Smith's witnesses drawing particular concern from Smith's team. Additionally, she issued what was described as a "bizarre" order pertaining to potential jury instructions that could potentially favor Trump, who appointed her.

According to Brescia, Judge Cannon's actions could work against her. If Smith asks an appellate court to review her rulings, he is likely to have them reversed, and her efforts to delay and obstruct bringing Trump to justice could ultimately lead to her removal from the case altogether.

Though the 11th Circuit Court of Appeals has previously overruled Cannon's orders in the case, her apparent favoritism towards Trump could backfire, resulting in her removal. Brescia warned that the case could then be assigned to a new judge who may not be as willing to support dubious claims and defenses aimed at delaying the proceedings until after the 2024 election.

Former Mueller prosecutor Andrew Weissmann criticized Judge Cannon's order for competing jury instructions as "legal inanity." He suggested that Smith might seek mandamus - a request to hear the case before the 11th Circuit appeals court and reverse her ruling for the third time. Such an action could potentially lead to Cannon's removal from the case.

Attorney Philip Rotner, writing for The Bulwark, noted that previously, many legal experts believed that the case did not yet have sufficient grounds to remove Judge Cannon. However, with each decision seemingly in favor of Trump, the argument for reassigning the case to a new judge grows stronger. Rotner cautioned that waiting for a single egregious ruling that warrants removal may be too late.

While it remains uncertain whether Smith will move forward with a mandamus motion, attorney Robert Kelner speculated on Twitter about the possibility. He acknowledged that although it may be unlikely, Judge Cannon's recent order is questionable enough to warrant consideration from Smith.

The situation surrounding Judge Aileen Cannon in Trump's classified documents case is raising eyebrows among legal experts. As the case continues to unfold, the potential for her replacement looms large, raising questions about the future direction of the proceedings and the pursuit of justice for all parties involved.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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