'The motion for recusal stage': Cannon blasted after she 'comes out swinging at' Jack Smith

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07 August 2023

U.S. District Judge Aileen Cannon issued an order Monday morning leading legal experts to suggest she again is working to protect Donald Trump.

Late last year, ending the special master’s review of records recovered by the FBI at Donald Trump’s Mar-a-Lago residence and resort, a higher court “thoroughly rebuked” Judge Cannon’s “legal approach,” stating she ruled in an area outside her jurisdiction.

That apparent propensity to support the ex-president appears to be happening again, according to legal experts surprised by Cannon’s order Monday morning in the case brought against Trump by Special Counsel Jack Smith. Trump was indicted on 37 federal counts, most under the Espionage Act, related to his alleged obstruction and alleged unlawful removal, retention, and refusal to return items including classified documents.

The Guardian’s Hugo Lowell reports, “US judge Aileen Cannon appears to disclose that Special Counsel is using an ‘out-of-district grand jury to continue to investigate and/or to seek post-indictment hearings’ — and strikes two filings by prosecutors.”

Politico’s senior legal affairs reporter Kyle Cheney writes: “Judge Cannon comes out swinging at special counsel this morning, striking two of prosecutors’ sealed filings and demanding an explanation of ‘the legal propriety of using an out-of-district grand jury proceeding to continue to investigate’ the docs case.”

MSNBC/NBC News legal analyst Joyce Vance, a former U.S. Attorney, notes, “Judge Cannon responds to the govt’s request for a hearing on [Trump co-defendant Walt] Nauta’s lawyer’s conflicts & discloses the existence of a grand jury investigation in another district while denying gov’t’s motion to seal. The govt can appeal.”

Vance observes: “This may tee up the issue of her fitness on this case.”

Later, she adds, “Looking like a good week to ask the 11th Circuit to replace the judge.”

MSNBC anchor and legal contributor Katie Phang appears to agree.

“If the DOJ filed under seal certain documents, and Judge Cannon just disclosed the existence of an otherwise confidential grand jury proceeding, we might be at the motion for recusal stage for the DOJ,” she observes.

Also appearing to agree, Slate’s Mark Joseph Stern, who adds, “Yep, still the same Aileen Cannon who tried to sabotage this case at the outset so brazenly that the conservative 11th Circuit had to shoot her down twice. I remain extremely skeptical that she will permit a fair trial to take place.”

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