When Judge Aileen Cannon permitted Donald Trump’s attorneys to unseal a batch of classified documents related to the classified documents case, she may have accidentally sealed her own judicial fate. Cannon, who was appointed to the U.S. District Court for the Southern District of Florida judicial bench by then-president Donald Trump in 2020, is firmly in Trump’s MAGA campaign. This, all by itself is bad enough, because as noted on X by Occupy Democrats, it’s a huge conflict of interest that demonstrates why she simply can’t be trusted to be unbiased or impartial when it comes to this case.
But that’s only a minor point, a feather in a tempest. Special counsel Jack Smith stated his opposition to her allowing the documents to be unsealed because in so doing, this could endanger ongoing investigations. But experts interviewed by Newsweek say this could blow up in Trump’s face. This is because Smith could use Cannon’s decision against the judge to get her removed from the case since it’s proof that she’s “giving ludicrously favorable treatment to Trump,” per Occupy Democrats.
This could be a dream for Smith that turns into a nightmare for Cannon. She’d already stirred the pot spurring talk of removing her from the case when she delayed the case’s pre-trial schedule in a move that could seriously slow down the case.
In an interview before Cannon’s ruling, Ted Spaulding, an Atlanta-based trial attorney and the founder of Spaulding Injury Law, told Newsweek that granting Trump’s request could spark a move against Cannon but he added it was unlikely to be successful.
Spaulding said this could certainly lead to a motion by the prosecution to have Cannon removed from the case since prosecutors have already considered this.
“in my opinion, it would be surprising if the judge is actually removed based on a delay-of-case argument,” spaulding said. “usually, judges are only removed for conflicts of interest or other egregious behaviors in the case. Most state’s procedural rules build in quite a bit of discretion in how the sitting judge handles discovery and deadlines in a case.”
So this could turn out to be a p*ss in the wind. Or it might not be. But it’s something worth doing since Cannon is so biased in Trump’s favor. And Lawfare senior editor Roger Parloff, interviewed before the decision was announced, suggested a ruling in Trump’s favor could lead to an interlocutory appeal from prosecutors because Cannon has been viewed as too favorable to the defense.
In a post on X, Parloff referred to section four of the Classified Information Procedures Act (CIPA) which allows “the United States to delete specified items of classified information from documents to be made available to the defendant through discovery” or to “substitute a summary of the information for such classified documents.”
In that post on Monday prior to Cannon’s ruling, Parloff noted it would be “highly controversial” for the judge to grant the defense’s request for document access and he noted that if Cannon did this it could very well bring about an interlocutory appeal from prosecutors.
P.S. Cannon has *not* so far shared any part of the USA's sensitive CIPA § 4 motion with the defense, tho defs have asked for that. She could yet do so after the 2/12 hrg. That would be highly controversial, possibly triggering interlocutory appeal. So far she hasn't.
/4-end-end— Roger Parloff (@rparloff) February 5, 2024
Trump is facing a whopping 40 federal charges stemming from allegations that he kept classified documents with him when he left the White House in January 2021 and scuppered efforts by legal authorities to have them returned. Ever since federal agents raided Mar-a-Lago and recovered a trove of classified papers, Trump has pleaded not guilty to all charges and vehemently asserts he’s done nothing wrong.
Because of course. He’s pure as the driven snow. In his mind, anyway.
So more power to Jack Smith. May his (possible) dream become Cannon’s nightmare. May he be able to remove this festering, cancerous judge who’s thrown her own credibility away by being such an avid Trump supporter.
X users were encouraged by this and shared their thoughts.
There is little downside if Jack attempts to remove Cannon. Normally you don’t want to antagonize a judge especially if you lose. But she is obviously biased. He has nothing to lose but it gives us a chance to have her respond and defend herself which could be interesting.
— Richard Freedland JD (@RickFreedland) February 7, 2024
She is helping him every way she can. Dragging the cases out and giving him everything he asks for, Now she is going to have a private meeting with them, is that to give them info under the table? Is that even legal?
— Merlene Peay (@merlene_pe96612) February 7, 2024
If there's an interlocutory appeal, do you that would include asking that the case be re-assigned to a different judge?
— Julia (@eileen_wes93433) February 6, 2024
This decision needs to be strategic and not just reactionary. Smith needs overwhelming evidence of impartiality and not just inexperience or poor judgment. Only after she has made a record of bad decisions or improper case management should jack move for a recusal.
“If you…— ❤️🏳️⚧️❤️ Aleah ❤️🏳️⚧️❤️ (@AleahW) February 7, 2024
I really hope Trump’s judge is removed permanently.She’s agreed to give Trump the list of witnesses!!! Agreed to give classified documents to Trump ( national security at risk, again! ) aiding in witness tampering, or murder , threats to their lives, she’s a threat to US
— Jamie O'Neil (@JamieON94964661) February 7, 2024
Jack Smith should do whatever he considers necessary to successfully prosecute, convict, jail, and end Trump’s reign of terror on this country.
— Crowcroft Lunar (@ScNye) February 7, 2024
This criminal b*tch not only needs to be removed from this case, she needs to be removed from the federal bench she is squatting upon. It is obscene someone with so little legal knowledge and worse so few compunctions (hell, none actually) against using her power to allow criminals to go free. What a p.o.s. this tw*t is. A worthless p.o.s.
To use a magat idea: can we second amendment her ass? Oh but pleeeeasse….
Please stop using female body parts in your descriptions, it’s a continuation of misogynistic behavior that is often used by trump. It happens often enough on the site in the comments. It’s not right when trump does it and it’s not right when you do either.
The back and forth between “Loose” Cannon and her Federalist Society babysitter/handler must be interesting at times. She’s one of those unqualified judges they worked so hard to get on the bench, figuring if she was in some backwater spot they would have five or six years to teach her what she needed to know. To coach her on how to spend several decades helping inflict their agenda on this country. I’ll bet they weren’t at all happy to have this case in her hands, at least after the hard-core conservative 11th circuit slapped her down hard. TWICE!
But she wants to throw the case to Trump. It’s doable of course (it only takes one person to hang a jury) but one has to be subtle and it’s clear she’s not fully following the guidance the Federalist Society is providing. And she could blow it if she does what so many of us fear she might. I can imagine conversations along the lines of her whining she wants to help Trump and what’s the big deal about this National Security stuff? And her handler reacting in horror both because it IS actual National Security that will be compromised, but also between that and compromising ongoing investigations she’d provide grounds for more than removal from the case. She’d expose HERSELF to potential sanction.
Our history isn’t full of examples of even investigations, much less impeachments of federal judges. It simply hasn’t been done. However, if she goes through with what she so clearly wants to do she’ll risk exactly that. And if actual articles of impeachment are approved Senator Whitehouse will be the Coach of the team of House Managers prosecuting her. THAT would be The Federalist Society’s worst nightmare. Why would take multiple articles to explain but for now let’s just say she’s getting tons of pressure to behave herself.