On Thursday, March 28, 2024, The Bulwark reported that Special Counsel Jack Smith may seek to remove Judge Aileen Cannon from presiding over the classified documents case against former President Donald Trump.
According to the report, Judge Cannon’s actions in the case so far have overwhelmingly favored Trump and suggested bias. Last week, she ordered both sides to propose jury instructions that advanced the argument that classified documents seized from Mar-a-Lago could be considered Trump’s “personal records,” despite experts calling that claim “absurd.”
This was just the latest in a series of questionable rulings from Judge Cannon that have drawn criticism. While some argue she may simply be an inexperienced judge struggling with a high-profile case, others believe she is intentionally trying to assist Trump’s defense.
Regardless of her motivations, her pattern of biased decisions has greatly concerned Special Counsel Smith and endangered his ability to prosecute the case effectively. As the report explained, Judge Cannon has broad authority and discretion over the conduct of the trial that allows her to potentially kill the case against Trump with a single ruling, if she is so inclined.
Given this possibility, the article assessed that Smith’s best option may be to seek Judge Cannon’s removal from presiding over the trial. While removing a federal judge is difficult, the process and legal standards were outlined. Importantly, the 11th Circuit Court of Appeals, which oversees Judge Cannon’s court, has the authority to reassign a criminal case to a new district judge if the current judge’s impartiality is reasonably in question.
However, the report notes Smith would first have to file a motion for removal directly with Judge Cannon herself. If denied, he could then request the 11th Circuit to intervene through an extraordinary writ of mandamus.
For Smith, acting swiftly may be necessary before more delay further endangers his case. Waiting risks missing an opportunity, as Judge Cannon still has methods to potentially terminate the prosecution that are difficult to challenge on appeal.
If removal is not pursued, one scenario outlined was for Judge Cannon to put off the trial until after the 2024 election, and then rule in Trump’s favor regardless of the electoral outcome to avoid any potential future prosecution or accountability.
While acknowledging removal would not be easy, the article concludes Smith should strongly consider seeking it to preserve any chance of the classified documents case against Trump proceeding to a fair trial on the merits. Otherwise, it appears Judge Cannon may ensure the former president avoids facing justice for improperly retaining national defense documents after leaving office.
Source: The Bulwark
