On Tuesday, September 3, 2024, the Citizens for Responsibility and Ethics in Washington (CREW) along with former United States district judge Nancy Gertner and two top scholars, New York University Law School professor emeritus Stephen Gillers and Hofstra University Law School professor James Sample, filed an amicus brief arguing that Judge Aileen Cannon should be removed from presiding over the federal classified documents case against former President Donald Trump.

The amicus brief was filed with the 11th Circuit Court of Appeals, which is reviewing Judge Cannon’s controversial decision to dismiss the indictment against Trump. In the brief, CREW and the legal experts argue that if the 11th Circuit reverses and sends the case back to the lower court, Judge Cannon must be recused due to an “overwhelming appearance of bias” in favor of Trump.

The filing details a series of decisions by Judge Cannon that benefited Trump, such as suggesting some White House records could be withheld from investigators on executive privilege grounds. She also stalled the case’s progression and called for jury instructions favoring Trump early on. Judge Cannon dismissed the indictment after Justice Clarence Thomas questioned the legality of the special counsel appointment in an unrelated case, even though other courts had already denied Trump’s efforts to delay the investigation.

CREW President Noah Bookbinder stated that at every stage, Judge Cannon made the case more difficult than necessary and ultimately handed Trump a “significant win” by throwing out the indictment. If the appellate court agrees her decision should be reversed, the amicus brief argues it is essential to reassign the case to ensure it can continue fairly and expeditiously in order to restore trust in the judicial system.

The filing asserts Judge Cannon appeared to slow-walk the case, aligning with Trump’s strategy of using legal delays to avoid accountability. She failed to timely resolve pretrial motions and did not set a new trial date, despite both sides agreeing one could begin in Summer 2023. If the 11th Circuit reverses as requested, it would mark the third time a higher court has overturned a ruling in this high-profile prosecution.

 

 

Source: CREW