'This isn’t justice': Legal experts blast Cannon for postponing Trump case indefinitely

07 May 2024

U.S. District Judge Aileen Cannon late Tuesday afternoon issued an indefinite postponement of the court date in Special Counsel Jack Smith’s prosecution of Donald Trump on Espionage Act charges, in the indictment commonly referred to as the classified documents case.

Claiming it would be “imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions before the Court,” along with other matters, Judge Cannon, a Trump appointee, wrote: “the Court finds that the ends of justice served by this continuance…outweigh the best interest of the public and Defendants in a speedy trial.”

Politico’s Kyle Cheney reports, “It may be months before we know the new schedule.” Trial had been slated to begin May 20.

“With 13 days before her trial was supposed to kick off, Judge Cannon finally says what has been obvious to every legal journalist I know: She’s not just canceling the existing trial date; she’s also not picking a replacement,” MSNBC legal correspondent Lisa Rubin reports.

The 37 count indictment was brought after Trump removed well over 1000 items, including hundreds of classified documents, out of the White House, retained then refused to return them, allegedly violating several statutes under the Espionage Act.

“Trump mishandled classified documents that included information about the secretive U.S. nuclear program and potential domestic vulnerabilities in the event of an attack,” according t0 the federal indictment, Reuters reported last year.

The trial now is not expected to conclude before the November presidential election this year.

“This is news but it’s hardly unexpected,” declared professor of law, former U.S. Attorney, and MSNBC contributor Joyce Vance wrote. “Judge Cannon seems desperate to avoid trying this case. This isn’t justice. defendants aren’t the only ones with speedy trial act rights, we the people have them too.”

“After the election,” professor of law and former chief White House ethics lawyer Richard Painter commented, “if Trump wins Jack Smith gets fired, the case gets dismissed, and Judge Cannon is ready for SCOTUS.”

Attorney and author Luppe B. Luppen noted, “Judge Cannon’s rationale for indefinitely postponing Trump’s classified documents trial is that a large number of pretrial motions remain unresolved—a state of affairs she has literally engineered by failing to resolve them.”

Professor of law and noted election law expert Rick Hasen asked: “Is it too cynical to believe that Judge Cannon timed the announcement of the postponement of a Trump classified documents trial to take away from the salacious sex details from Stormy Daniels’ testimony today?”

National security attorney Brad Moss served up a “silver lining to Cannon not setting a new trial date: she isn’t blocking the DC or Georgia election cases from resuming in the late summer/early fall, pending SCOTUS ruling on immunity.”

Foreign policy, national security, and political affairs analyst David Rothkopf added, “Justice delayed is justice denied. Both the defendant and the public have the right to a trial ‘without unnecessary delay.’ (Sixth Amendment.) When does Jack Smith seek a remedy for the problem Judge Cannon clearly represents? Tick freaking tock.”

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