Why Jack Smith should push for judge’s removal from Mar-a-Lago docs case

17 March 2024

Special counsel Jack Smith has been dealing with two very different judges in his federal prosecutors of former President Donald Trump: Barack Obama appointee Tanya Chutkan in his election interference case and Florida-based Trump appointee Aileen Cannon in his Mar-a-Lago documents case.

Many of Trump's critics have also been highly critical of Cannon, arguing that she has gone out of her way to accommodate Trump's strategy of delaying that case. One of those critics is political and legal blogger Philip Rotner.

In a commentary published by the conservative website The Bulwark on March 15, Rotner argues that unless Smith pushes for Cannon to be removed from the case, his prosecution is doomed.

"Aileen Cannon sure doesn't look like a competent, well-informed judge," Rotner laments. "She seems to be either in over her head, or a partisan MAGA apparatchik, or both…. If Judge Cannon can't — or won't — categorically deny this frivolous motion to dismiss the claims against Trump, what is she going to do with other motions that are still pending in the case, and the avalanche of future motions sure to come?"

Rotner adds, "Cannon has yet to decide Trump's motion to dismiss the indictment on the preposterous ground that a civil statute that has nothing to do with the charges against him, the Presidential Records Act, made it OK for him to steal classified documents from the White House, stick them in bathrooms, closets, and other unclassified locations at his Mar-a-Lago resort to which an unknown but large number of people from all over the world had access, lie to the FBI about having returned them when he knew he hadn't, and instruct his employees to hide them from not only the FBI, but also, his own lawyers — or something like that."

The political and legal blogger, who publishes the PhilipRotner.com website, acknowledges that pushing for Cannon's removal would be a very aggressive step on Smith's part. But he fears that the special counsel's prosecution won't survive if he doesn't.

"It's time for Jack Smith and his team of prosecutors to read the writing on the wall: Judge Cannon is going to kill your case," Rotner warns. "Smith should move now to get Judge Cannon thrown off the case. Whatever the risk, it has to be taken, and fast. Otherwise, Smith might as well fold his hand now."

Philip Rotner's full analysis for The Bulwark is available at this link.

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