Judge Cannon could be 'removed from the case altogether' after latest stunt: report

U.S. District Court Judge Aileen Cannon could be removed from a classified documents case against Donald Trump, according to a report.

On Monday, Cannon shocked experts by proposing jury instructions that would suggest that a president had sole authority to declare documents a personal record, essentially dismissing the case against Trump.

Daily Beast columnist Ray Brescia wrote Tuesday that Cannon is on track to lose jurisdiction of the case.

"[O]ver the last six months, a slow-moving car-crash of a case has been unfolding, with a judge who seems committed to protecting the former president at every turn of the road," he wrote. "At worst, she is doing all she can to protect the former president from facing the classified documents case before the election, if at all."

Legal experts have suggested special counsel Jack Smith may be forced to appeal to a higher court.

"Should Smith ask an appellate court to review Judge Cannon's rulings, not only is he likely to get those decisions reversed, her actions to delay and attempt to block the effort to bring the former president to justice may end up getting her removed from the case altogether," the columnist pointed out.

Brescia said the court could order a new judge to take up the case.

"If Judge Cannon keeps going down this road, Smith can seek an immediate appeal of any of those orders that seem to improperly hamstring his prosecution and ask the appellate court," the column continued. "In this instance, that would be the 11th Circuit Court of Appeals, the same court that previously overturned Cannon in her fool's errand related to the search of Mar-a-Lago. Smith can ask the court to not just overturn those orders, but also re-assign the case to a different judge."

"Judge Cannon's willingness to show favor for the former president may ultimately backfire and get her kicked off the case. And the case could end up being assigned to a new judge — who may not be as willing to bend over backward in support of dubious claims and defenses that support Trump's ultimate goal of delaying the case until at least past the 2024 election, if at all."