Eileen Cannon’s actions are ‘far beyond common sense’ – lawyer

judge Eileen Cannon Acted in a manner that was “far beyond the realm of possibility” during supervision donald trumpFormer federal prosecutor Joyce Vance said Sunday about the classified documents criminal trial. Ministry of Justice (The Department of Justice) should move to remove her from the trial.

Trump, the presumptive 2024 Republican presidential nominee, faces numerous charges in the incident. Illegal storage of classified documents at Mar-a-Lago mansion in Florida after leaving the White House. These documents contain classified national security information, and prosecutors have argued that he violated the Espionage Act by keeping them. Trump has pleaded not guilty in the case and has pleaded not guilty.

Cannon was appointed to the court by President Trump in the final weeks of his 2020 presidential term and was chosen to oversee the documents case last year. Since then, she has been regularly criticized by observers and legal experts for ignoring precedent and making procedural decisions that favor Trump.In a recent example, she recently rejected two motions from the former president’s defense team seeking to dismiss the former president’s Espionage Act charges, but in some ways That way you can move forward again later Justice Department special prosecutor on trial jack smith Even if she were granted the motion, she would not be able to appeal.

All of these issues have led to persistent calls for a reversal, with many legal experts accusing Cannon of deliberately acting in Trump’s favor. On Sunday, Vance, a former U.S. attorney for the Northern District of Alabama during the Obama administration, touched on the issue during a television appearance. MSNBC She then suggested that Cannon file a motion to recuse.

“The best strategy is to file a motion to recuse,” said Vance, the network’s legal analyst. “This judge is acting so out of line that they are racking their brains and trying to figure out a strategy. At this point, the Department of Justice should go ahead and file a motion to remove the judge. If she denies it, she would have to respond in writing, and then Jack Smith could take it to the 11th Circuit. ”

He also noted that while such a motion would be difficult for the Justice Department, it would be worth it to avoid the risk Cannon poses to the case.

“Voiding a case is difficult for prosecutors,” Vance said. “This is not something we do often and requires approval from the attorney general. But this judge didn’t just say the 11th Circuit was wrong; he said we were wrong. This is someone who has repeatedly ruled that he didn’t just say what he said.”They said they were just in a different world, and I thought this was the right kind of case, and now Jack Smith should take this trial.” I think this is the moment when you cannot stand trial in front of a government official. Too risky. ”

When asked to comment newsweekthe Southern District of Florida refused, stating that judges do not comment on pending cases.

said Dave Aronberg, state’s attorney and legal expert for Palm Beach County, Florida. newsweek He said he agreed with Vance’s assessment, including the difficulty of filing a motion to deny.

“While I agree with Joyce Vance that Jack Smith should seek Judge Cannon’s recusal and that he will someday do so, it is unlikely that the Eleventh Circuit will grant such a motion at this time. I think so,” Aaronberg said. “Since this case has no chance of going to trial before the election, Smith can wait for further extrajudicial rulings by Judge Cannon before appealing and seeking removal from office. He only has one chance. I’m not sure he has the dossier to convince the 11th Circuit.”

He continued, “For example, it is too early to appeal Judge Cannon’s controversial jury instructions, even if they represent an incorrect interpretation of the Presidential Records Act.” “Mr. Smith is in a bit of trouble because he didn’t give the order,” he added. I agree with Joyce Vance that Smith should be forced to file an appeal, but I would first file additional pretrial motions that would likely be denied by the judge, and then move on from there. will file an appeal. ”

Meanwhile, in a Friday post on his official YouTube channel, glenn kershnerThe former assistant U.S. attorney and frequent critic of the former president said Cannon’s decision to deny two motions from Trump’s defense team is “even better” for the former president. He said he is laying the foundations for the future.

“She’s plotting even better things for Donald Trump,” he said. “What would have happened if she had granted this motion and dismissed the charges? Special Counsel Jack Smith could have appealed. But what she said was, ‘We’re going to dismiss them now. We’re not going to, but we might dismiss it.”’ Later, when we’re on trial, after the jury is sworn in, after the stakes are exposed, they do that. ” Why? Because then Jack Smith would never be able to appeal his firing and Donald Trump would never be held accountable for those crimes. ”

Updated April 8, 2024, 9:30 a.m. ET: This article has been updated to reflect responses from the Southern District of Florida and Aaronburg.