Former federal prosecutor, Joyce Vance, expressed her concern over the behavior of Judge Aileen Cannon during Donald Trump’s criminal trial involving classified documents. Vance stated that Judge Cannon’s actions have been “far outside the realm” and suggested that the Department of Justice (DOJ) should consider recusing her from the trial.
The presumed 2024 GOP presidential nominee, Trump, is currently facing multiple charges in the case. These charges are based on allegations that he unlawfully kept classified documents at his Mar-a-Lago residence in Florida after his term in the White House. Some of these documents were reported to contain sensitive national security information. Prosecutors argue that by retaining these documents, Trump violated the Espionage Act. Despite the charges, Trump maintains his innocence and has pleaded not guilty.
Cannon became a judge under Trump’s administration in 2020 and was assigned to handle the documents case. Throughout her tenure, she has faced criticism from both observers and legal experts for her unconventional decisions that seem to favor Trump and go against established legal precedents. A recent instance of this is her denial of two motions from the former president’s legal team, which sought to dismiss his Espionage Act charges. However, her denial was structured in a way that leaves open the possibility for the motions to be brought up again during the trial, without the possibility of an appeal from DOJ special counsel Jack Smith.
There have been consistent demands for recusal due to these concerns, as many legal experts have accused Cannon of intentionally favoring Trump. During her appearance on MSNBC, Vance, who served as a U.S. attorney in the Obama administration, discussed this matter and proposed the idea of filing a motion for recusal against Cannon.
According to Vance, a legal analyst for the network, the most effective approach would be to file a motion to recuse. He believes that the judge’s behavior is highly unusual and has left everyone perplexed, prompting them to search for a suitable strategy. Vance suggests that the Department of Justice (DOJ) should take the initiative and submit a motion to recuse the judge. By doing so, they would require the judge to provide a written response. If the motion is denied, Jack Smith would then have the opportunity to appeal to the 11th Circuit.
According to her, executing such a motion would pose challenges for the DOJ. However, she emphasized that it would be a worthwhile endeavor in order to mitigate the risks presented by Cannon to the case.
According to Vance, prosecutors find it challenging to recuse themselves from a case. It is not a decision they make often, as it requires the solicitor general’s approval. However, in this particular situation, Vance believes it is necessary for Judge Jack Smith to recuse himself. The judge has consistently made rulings that even the 11th Circuit Court of Appeals disagreed with, indicating a significant divergence in perspectives. Vance argues that this case and the current circumstances call for a recusal, as going to trial with this judge would pose too great a risk.
On Sunday afternoon, Newsweek contacted the press office of the Southern District of Florida court via email to seek their comment.
In a recent video on his official YouTube channel, Glenn Kirschner, a former assistant U.S. attorney and outspoken critic of the former president, discussed the significance of Judge Cannon’s ruling. Kirschner believes that by denying the two motions from Trump’s legal team, the judge is setting the stage for an outcome that will be even more favorable to the former president.
“He claims that she is planning something even more advantageous for Donald Trump,” he stated. “Had she approved the motion and dropped the charges, Special counsel Jack Smith would have had the opportunity to appeal. However, her decision was, ‘I will not dismiss them at this moment, but I might consider doing so during the trial, once a jury has been selected and jeopardy has attached.’ Why? Because in that scenario, Jack Smith would be unable to appeal the dismissal, ultimately resulting in Donald Trump evading accountability for those offenses.”
