'Recusal in a skinny-minute': How Jack Smith motion 'exposes Cannon to oversight'

Legal expert Harry Litman, a former U.S. attorney, on Monday explained how U.S. District Judge Aileen Cannon could “give [special counsel Jack Smith] the occasion” to ask for her recusal if she denies a gag order against Donald Trump in the Mar-A-Lago classified documents case out of the Southern District of Florida.

Prosecutors with Smith’s office met with Cannon and Trump attorneys todauy, CNN reports, at “a hearing for both parties to present their arguments over the proposed gag order.” Speaking with Litman, CNN host Brianna Keilar noted judges in other cases approved similar gag orders against Trump to prevent him from lashing out against potential witnesses and career prosecutors.

“So why is this a question here?” Keilar asked Litman.

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“… What’s different here? In a word, nothing,” Litman said. “What they've asked for is what's been approved again and again: That is, any statements that Trump makes that could have specific, imminent and foreseeable harm to an agent involved in the case. That language is not an accident, it’s been approved repeatedly.”

Litman then described an “interesting dynamic” that could emerge from the motion.

“We've been watching for months to see whether Judge Cannon might make a ruling that would expose her to oversight on the 11th Circuit [Court of Appeals] and maybe even a recusal,” Litman explained. “Because the special counsel is saying this is exigent and can already point to two verbal attacks on FBI agents, if she doesn't rule — as has been her want — it’s possible that this motion gives Jack Smith an opportunity to say, ‘I want to appeal her because she hasn't ruled. I want to go to the 11th circuit and say she's got to do something here.’”

“And that would give the occasion that he hasn't had yet to try to recuse her,” Litman added.

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Watch the full video below via CNN or at this link.

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