Watchdog, retired judge push for new judge in Trump classified documents case
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Supporters and non-supporters of former President Trump stand outside the Alto Lee Adams Sr. U.S. Courthouse on March 14, 2024 in Fort Pierce, Florida. Photo: Joe Raedle/Getty Images
A nonpartisan watchdog group called for the 11th Circuit Court of Appeals to remove Judge Aileen Cannon from former President Trump's classified documents case, arguing she undertook "many efforts to undermine and derail" the case.
Why it matters: Cannon, who dismissed the GOP nominee's federal case in July citing the "unlawful appointment" of special counsel Jack Smith, has been the target of intense scrutiny for how she is handling the case. Critics have contended she has intentionally slow-walked.
- Cannon, a Trump-appointed judge, has also had her impartiality called into question.
- Smith's office appealed Cannon's dismissal with the 11th Circuit and asked last week for the case to be revived.
Driving the news: Citizens for Responsibility and Ethics in Washington, joined by a retired federal judge and two legal scholars, released a brief Tuesday requesting the case be reassigned to a different South Florida judge should the appeals court reverse Cannon's decision to dismiss the case.
- "A reasonable member of the public could conclude, as many have, that the dismissal was the culmination of Judge Cannon's many efforts to undermine and derail the prosecution of this case," the amicus brief read.
- "Before administering the coup de grâce that ended the case, Judge Cannon failed to resolve numerous pretrial motions and issues, leading many to suspect—rightly or wrongly—that she hoped the case would meet its doom in a second Trump administration," the group continued in the brief, highlighting a "strong pattern of delay."
Catch up quick: The New York Times reported in June that Cannon rejected suggestions from two superiors on the bench to pass the historic case to a more experienced judge.
Flashback: The appeals court has overruled Cannon in the past.
- In 2022, it ruled to throw out the appointment of a special master Cannon permitted to review documents seized from Mar-a-Lago.
Zoom out: The brief centered around several controversies and delays amid her handling of the case, notably her "failure over the course of one year to move the case forward in any significant way—until a one-Justice concurrence in the Supreme Court's presidential-immunity opinion."
- The concurring opinion referenced was one penned by Justice Clarence Thomas in which he questioned the legality of the special counsel's appointment.
What we're watching: The 11th circuit has yet to rule on Smith's appeal — and given the timeline set by the court, it is unlikely a decision will be reached before the 2024 election.
- It is rare for appeals courts to reassign a trial judge on a case, CNN reported.
Go deeper: Hunter Biden uses Trump classified docs ruling in dismissal of cases request
