Jack Smith needs to go over Judge Cannon's head after latest Trump trial ruling: analysts

Judge Aileen Cannon again ruled against the Justice Department on setting the court schedule for in the Trump classified documents trial — and her latest decision has onlookers alarmed.

The judge ruled Thursday against the Department of Justice's attempt to set some key deadlines ahead of Donald Trump's trial. Special counsel Jack Smith's office had asked for a December deadline for Trump's legal team to disclose what classified materials they intended to use at trial.

But Cannon denied their motion and instead set the deadline for March — which legal experts agreed would almost certainly delay the trial that had been scheduled to start in May — and probably take it past the 2024 election.

Among expert's concerns is that, if Trump is elected, he will have the Justice Department drop the case against him or simply pardon himself.

The matter prompted legal analysts and national security experts to question whether it's time to go over Judge Cannon's head to the 11th Circut Court of Appeals. Thus far, the special counsel hasn't gone that far, despite being shut down at every turn by the judge.

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"I have long been opposed to Smith’s team getting the 11th Circuit involved with respect to Cannon’s scheduling rulings. I just didn’t see it as worthwhile and expected any such step would cause the very delay Smith was trying to avoid anyway. At this point, it might be needed," said national security lawyer Bradley Moss.

MSNBC host and legal contributor Katie Phant agreed: "I'm questioning Judge Cannon’s ability to preside over a case involving CIPA."

CIPA stands for the Classified Information Procedures Act, which determines how court cases work when classified information is involved. Trump is accused of taking classified information from the White House, keeping it in his Florida home, showing it to others, and then obstructing justice when law enforcement asked for the documents to be returned.

But legal analyst Lisa Rubin did an extensive thread on social media about the issue.

"When Judge Aileen Cannon decided against moving her May 2024 trial date last week, some cheered while those familiar with classified information cases noted her new motion schedule is virtually incompatible with a May trial (and that she knows it)," wrote Rubin. "Trust them. Here's why: The Classified Information Procedures Act has seven sections, and Cannon's initial schedule for the case allowed for briefing across them all. But her newest order stopped with Section 4, and folks like [The Guardian's reporter] Hugo Lowell noticed."

Today, Rubin explained, Judge Cannon determined the pretrial deadlines weren't going to be set until after March 1, 2024.

"By that point, however, Trump will be three days away from the opening of the DC federal election interference trial, which itself could bleed into May," she continued. "I'll predict now that the date for the classified docs trial will slip away like, well, a Trump-held classified doc."

Georgia constitutional law professor Anthony Michael Kreis wondered, "Maybe this will cause Fani Willis to reconsider what to push before Judge McAfee and avoid a trial bleeding into 2025."