Judge Aileen Cannon Risks Losing Her Role in Trump Classified Documents Case

Judge Aileen Cannon, a last-minute Trump administration appointee, has been the subject of criticism for her unconventional rulings in the classified documents case. Her approach raises the possibility that she could be dismissed from overseeing this high-profile case.

Overturned Decisions

Cannon’s decisions have often deviated from established precedent, resulting in sharp overturns by the U.S. Court of Appeals for the 11th Circuit. With Smith likely to challenge some of her rulings, it would also seem appropriate to request her removal from the case.

Questionable Verdicts

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Smith’s consideration of appealing to the court is partly due to his request for a review of Cannon’s recent questionable ruling. Such a move is typically reserved for exceptional situations, such as when a judge’s decision leads to significant injustice.

Revealing Identities

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In this case, Cannon, at Trump’s urging, opted to reveal the identities of around two dozen potential witnesses and confidential details they shared with the government.

Raising the Bar

Smith points out a major flaw in her decision by using an incorrect legal benchmark, compelling him to demonstrate far more than necessary to safeguard these identities.

Smith’s reconsideration plea highlights that the case law, including precedents Cannon referenced, does not support the excessive standards she imposed.

Witness Protection

In his request for a second look at the case, Smith points out that Cannon downplays the significant risk of harm and intimidation facing the witnesses. He highlights the well-known pattern of threats and harassment directed at judges, agents, prosecutors, and witnesses in cases involving Trump.

Cannon’s dismissive approach puts these potential witnesses at risk.

Judicial Responsibility

Smith emphasizes in his brief that a court’s responsibility is to avert harm to witnesses and the judicial process right from the start. Yet, Cannon seems to neglect this responsibility.

Decision Day

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Following Smith’s motion, Cannon has asked Trump to reply by Friday, leading to a crucial decision by her. She’ll either have to retract her original ruling, acknowledging a serious legal misjudgment that led to manifest injustice, or she’ll maintain her stance, endangering individuals and bending the law in Trump’s favor.

This could provide Smith with sufficient grounds to request her reassignment by the 11th Circuit.

A CIPA Concern for Cannon?

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A second potential dispute involving access to highly classified documents under the Classified Information Procedures Act (CIPA) may soon reach the Court of Appeals.

The CIPA allows for quick government appeals even if a minor ruling is lost.

Limited Legal Experience

Concerns arise about Judge Cannon’s ability to handle these CIPA matters, given her limited experience and perceived pro-Trump bias. Additionally, if Smith appeals, he can request the 11th Circuit to reassign the case due to concerns of impartiality.

DOJ vs. Cannon’s Credibility

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As the DOJ approaches the 11th Circuit again over Cannon’s decisions, it’s premature to anticipate a debate on her possible bias and need for recusal. However, Cannon already faces credibility issues, having been overruled twice by the 11th Circuit during the investigation into Trump’s handling of classified documents.

Favoring Trump?

Her initial rulings favored Trump, delaying the investigation and straying from legal norms. Notably, she suggested Trump deserves unique treatment due to his former presidential status, a stance the 11th Circuit strongly refuted, dismissing any special legal exceptions for ex-presidents.

Unheeded Calls

Calls for Judge Cannon’s recusal from the Trump case, advocated by one of the authors, have gone unheeded, with Cannon still overseeing the proceedings.

Trial Timelines

The public’s attention has largely shifted away from Cannon’s role due to additional Trump indictments. Nonetheless, Cannon’s actions appear to consistently favor Trump, notably by postponing pretrial dates, thus making a trial in May unlikely.

Calendar Conflicts

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This delay is critical, as the case against Trump for mishandling classified documents and obstruction is relatively straightforward. Trump’s refusal to return the documents and alleged interference with the investigation are clear-cut issues.

Cannon’s failure to reschedule the trial also hampers other courts from planning their Trump-related trials.

The Removal Request

The end of the month may reveal if Smith will request Cannon’s removal, as the government, having complied with her rulings so far, may soon need to take decisive action to maintain the prosecution’s integrity.