Legal experts are raising concerns following the decision of Judge Aileen Cannon, appointed by Donald Trump, in the case involving classified documents.
A Legal Turning Point?
Cannon denied Special Counsel Jack Smith’s request to keep government witnesses anonymous, citing a lack of sufficient legal or factual basis.
Smith had argued for confidentiality to protect potential witnesses and their personal information, expressing worries about possible witness intimidation.
Public Record Access
Judge Cannon, however, emphasized the importance of public access to records, stating in her ruling:
“Following an independent review of the Motion and the full record, the Court determines, with limited exceptions as detailed below, that the Special Counsel has not set forth a sufficient factual or legal basis warranting deviation from the strong presumption in favor of public access to the records at issue.”
Safety vs. Transparency
The judge also expressed skepticism about Smith’s concerns for witness safety, noting that his “sparse and undifferentiated Response fails to provide the Court with the necessary factual basis to justify sealing.”
Public’s Right to Know
The Press Coalition, representing major media outlets, has requested the court to reveal the unclassified version of Donald Trump’s redacted motion, highlighting the public’s right to know.
Ethical Concerns
Jeremy Foley, a law professor from Berkeley College with expertise in judicial ethics, commented to Newsweek on the rarity of a judge disclosing classified documents.
National Security and Public Interest
Foley explained, “Before doing so, Judge Cannon was required to weigh the factors favoring disclosure: potential aid to the defense and the public interest argument asserted by the media groups against those identified by the government: release of the documents could harm national security, impair an ongoing investigation, or compromise potential witnesses in the case.”
Emergency Intervention
Foley elaborated that if the government perceives Judge Cannon’s order as harmful, it has the option to seek emergency intervention from the 11th Circuit, which could temporarily halt the order for further review.
“We should know very soon if that happens,” he added.
Rulings Raise Legal Eyebrows
This order has heightened the concerns of legal experts who suspect Cannon might be unfairly influencing the case in Trump’s favor.
Joyce Vance, a former U.S. Attorney, expressed her unease on Substack, stating, “Judge Aileen Cannon continues to make rulings that are disturbing. Perhaps we’d view any one of them, on their own, as a judicial aberration.”
A Pattern of Concern
Vance further said, “Perhaps we’d view any one of them, on their own, as a judicial aberration. But the pattern of ruling upon ruling that is out of the legal mainstream and results in delay well past the point where this case should have been ready for trial is something that shouldn’t be ignored.”
Suspected Bias
Vance emphasized the importance of judicial impartiality, stating, “Judges should not put their fingers on the scales of justice either for or against a defendant or any other party.”
He believes the current situation strongly suggests a bias.
Legal Avenues Post-Judgment
Regarding the next steps, Vance opines that Smith’s ‘best option’ might be to request a reconsideration from Judge Cannon, though she notes the judge’s ‘dismissive tone towards the government’ indicates little hope for persuasion.
High Stakes
The upcoming hearing under Section 4 of the Classified Information Procedures Act (CIPA) will be a significant test, where Judge Cannon will decide on the use of classified material in the trial.
Trump’s Legal Delays
Trump is expected to push for further delays, including reasserting his claims of presidential immunity and Presidential Records Act, which Vance criticizes as bordering on ‘frivolous’ and warns that their use for further delays would be a ‘travesty.’
Consideration of Recusal
Vance pointed out that the critical moment for Smith to consider asking for Judge Cannon’s recusal, or at least suggesting it to the Circuit, will come after the rulings from the Section 4 hearing.
No Quick Fixes
She acknowledged that forced recusals are ‘rare’ and noted the potential delays even if the 11th Circuit acts quickly to replace Cannon, as a new judge would need time to familiarize themselves with the case.
“There are no quick fixes for the damage Judge Cannon has done,” she concluded.
Historic Charges
The background of these events is a grand jury indictment charging Trump with 40 felony counts related to his handling of classified documents post-presidency, to which he has pleaded not guilty, marking an unprecedented federal indictment of a former U.S. president.
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