MSNBC's Joe Scarborough ripped U.S. District Court judge Aileen Cannon for making "baffling" decisions in the Mar-a-Lago classified documents case.
The Donald Trump-appointed federal judge demanded special counsel Jack Smith to explain the “legal propriety” of using an out-of-state grand jury to investigate other elements of the case outside south Florida, and the "Morning Joe" host accused her of acting in bad faith.
"We have a confused judge this morning, confused two grand juries could be going at the same time," the "Morning Joe" host said. "Baffling decisions coming out of a judge who has already been excoriated by the 11th Circuit in previous cases for being out of her depth."
Cannon struck from the record two sealed filings by prosecutors questioning whether an attorney for co-defendant Walt Nauta had conflicts of interest by representing multiple witnesses in the case, and NBC News correspondent Ken Dilanian wondered why the judge was surprised by a grand jury proceeding the special counsel had identified in previous court filings.
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"In her latest order, Judge Cannon is essentially -- first of all, she granted the government's request to have a hearing on whether Walt Nauta's lawyer, Stanley Woodward, has a conflict of interest that needs to be explored, because he is representing Walt Nauta and other witnesses in the case that he may have to cross-examine," Dilanian said. "She denied the special counsel's effort to file part of something under seal, saying he didn't justify that. Then she questioned why he was using two grand juries to continue to investigate whether there had been obstruction of justice in this case. Now, you know, there are some rules about continuing to investigate a case with a grand jury effort has been indicted. You have to be investigating pursuant to a separate indictment."
"It's not a nutty notion that she would question that, but it did seem like she was a little bit surprised that there were two grand juries in the case when the prosecution had already laid that out in previous filings," he added.
"Yeah, it seemed to be bad faith," Scarborough said.
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