Former U.S. attorney Joyce Vance raised concerns about potential bias from Judge Aileen Cannon, appointed by Donald Trump, over Wednesday’s private meeting with special counsel Jack Smith related to the former president’s case involving classified documents.
Questionable Timing
On her Substack, Vance expressed reservations about an “oddly scheduled ex-parte meeting,” excluding Trump and his legal team, focusing on whether classified documents should be disclosed to the defense under Section 4 of the Classified Information Procedures Act (CIPA)
Prolonged Duration
She highlighted that while such meetings are typical in cases involving sensitive material, the duration of the procedures under Cannon’s direction is unusually prolonged.
A Straightforward Case
“One of the biggest objections to Judge Cannon’s handling of the case has been the exceptional amount of delay she has indulged Trump with in what should have been a fairly straightforward case,” Vance stated.
Delay in CIPA Ruling
The former attorney added, “I anticipated a CIPA (Classified Information Procedures Act) ruling ahead of the holidays. … But here we are at the end of January, with the hearing itself still weeks away.”
Crucial Meeting Amidst Charges
The meeting’s outcome is vital to Smith’s case in Florida against Trump, who is facing conspiracy charges related to confidential documents discovered at Mar-a-Lago.
Number of Charges
Trump currently faces 32 counts related to the unlawful retention of national defense information in Florida, along with eight additional charges, including making false statements and conspiracy to conceal them.
Taking Classified Documents
The former president is alleged to have taken classified documents with him from the White House when he left office in January 2021.
Trial Set for May 20
The Florida document trial is currently scheduled to begin on May 20. Trump vehemently denies all charges, contending they are politically motivated.
CIPA’s Role Explained
Attorney Vance explains that CIPA allows Smith and the Justice Department to handle secret government information cautiously.
Under the act, Smith needs Judge Cannon’s approval to either exclude classified information or substitute it with declassified summaries.
Potential Appeal
Vance points out that the important part is if Cannon rejects Smith’s request, an appeal could be filed swiftly.
Special Counsel Meeting Outcome
She said, “While we won’t learn much if anything about what happens when the Special Counsel’s team sits down with Judge Cannon, we’ll find out if they object to anything that happened fairly quickly, in the form of a notice of appeal to the 11th Circuit.”
Extended Hearing Schedule
Despite Smith’s team filing its Section 4 motions on December 6 and Trump’s lawyers responding on December 20, Cannon scheduled the hearing for February 15 and 16, resulting in a delay of approximately eight weeks.
Unexplained Delay Criticized
Vance noted, “She offered no reason for allowing that amount of time to elapse—there was nothing on the calendar in this case that would have permitted her from doing it immediately.”
Delay as a Defense Strategy
Trump’s team delaying proceedings has been a key defense tactic in the two criminal court cases initiated by Smith. The intention is to create the possibility for Trump to nullify these cases if he were to reclaim the White House in 2025.
Accusation of Undermining Case
The former attorney accuses Cannon of potentially undermining the Mar-a-Lago documents case through her scheduling decisions.
Judge Dragged the Matte
“That delay has been particularly troubling when it comes to CIPA. Instead of proceeding promptly to get to the point where she could rule on the Section 4 motions, she has permitted the matter to drag on,” Vance asserted.
Dual Prosecution Efforts
Apart from the classified document case, Smith is also prosecuting the former president, which relates to alleged election interference in Washington, D.C.
Election Interference Case on Hold
However, the election interference case is currently on hold as an appeals court deliberates whether Trump is immune from prosecution for potential crimes committed during his presidency.
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