On Wednesday, March 13, 2024, Newsweek reported that Special Counsel Jack Smith was facing a dilemma in the classified documents trial of Donald Trump as calls grew for Judge Aileen Cannon to recuse herself from the case.
Smith has yet to formally request that Cannon be removed from presiding over the federal case, in which Trump has pleaded not guilty to forty charges relating to the retention of classified materials at his Mar-a-Lago estate after leaving office. However, demands have increased for Smith to seek Cannon’s recusal following her appointment by Trump and a sequence of rulings favoring the former president.
One decision under scrutiny was Cannon making public the identities of potential witnesses, a move Smith warned could lead to unfair harassment. This concern appeared validated when former Mar-a-Lago worker Brian Butler spoke to CNN about assisting in the transport of boxes from the estate, saying he felt compelled to speak out preemptively rather than have his name come to light through court documents.
Legal analysts debated Cannon’s impartiality, with some like Norman Ornstein arguing it was time for Smith to petition for her removal. However, others cautioned that simply disagreeing with a judge’s choices did not meet the high bar for recusal.
Smith faces a complex calculation as the May trial date approaches. Seeking Cannon’s recusal risks delaying the proceedings further, which could allow a post-election maneuver by Trump to terminate the case should he regain the presidency. However, retaining Cannon also provokes worries her decisions will not guarantee a fair and timely resolution.
Most experts believe the practical challenges for proving an evident bias make a recusal petition inadvisable. While concerns over Cannon will likely persist, for now, the special counsel appears to be opting to avoid delays by keeping the trial on its scheduled path, relying on the appeals process if needed to address any issues down the line. With the future of the case and the upcoming election both hanging in the balance, Smith’s task remains a delicate balancing act.
Source: Newsweek
