Here’s how Jack Smith could remove Judge Cannon from Trump case: Former federal prosecutor
US District Judge Aileen Cannon of the Southern District of Florida — who was appointed by then-President Donald Trump in 2020 — made a controversial ruling in Trump's classified documents case that could endanger the safety of confidential witnesses. This has prompted alarm from some legal observers, who are now calling on Department of Justice special counsel Jack Smith to petition the 11th Circuit Court to remove Cannon from the case.
During a Saturday appearance on MSNBC, former US Attorney Joyce Vance of the Northern District of Alabama (which is part of the 11th Circuit) said that forced recusals not related to financial or familial conflicts are rare. However, she said that it wouldn't be out of the realm of possibility for Smith to still be successful before the circuit, given that circuit judges have already reversed two of Cannon's previous rulings.
"We're looking at the way the judge has conducted herself in regards to a specific defendant, and those recusals are rare," Vance told MSNBC host Katie Phang. "If Jack Smith were to file a motion asking the judge to recuse, she would be obligated under the rules to write a written response either defending herself or recusing herself. And there's some benefit to going through that process, but I think it would have been beneficial earlier in this case as opposed to now, when we should be on the verge of trial and aren't."
READ MORE: Judge Cannon's 'mind boggling' move could put witnesses at risk, experts warn
"It is exceedingly rare but not unheard of in this circuit for an 11th Circuit panel hearing an oral argument to decide to ask the chief judge in a district to reassign the case on remand. It's sort of a three-strikes rule," Vance continued. "When I've seen this happen, the panel judges have not been critical of the judge, they've just said given this history of repeated reversals, it would be difficult for this judge to continue being objective in this case, so we're going to order that it be reassigned."
"That could happen here if, say, Judge Cannon makes bad rulings in the [Classified Information Procedure Act] hearings next week, and the government appeals there," she added.
As Vance mentioned, Cannon already has two "strikes" against her from the 11th Circuit. In September of 2022, an 11th Circuit panel issued a "per curiam" opinion (meaning all three judges speaking as one) opinion reversing her decision to decline the DOJ a stay in the Mar-a-Lago classified documents case. Then in December of that year, it reversed Cannon's appointment of a "special master" to oversee the DOJ's review of classified documents.
Cannon has given Smith until the end of Saturday to comply with her order to supply Trump's legal team with information pertaining to confidential FBI witnesses. Whether he appeals to the 11h Circuit for Cannon's removal from the case is unknown, but Smith is likely to ask the 11th Circuit for a stay or a temporary injunction this weekend.
READ MORE: Jack Smith calls out Trump-appointed judge's 'clear error' in election interference case
Watch the video of Vance's remarks below, or by clicking this link.
