Jack Smith fears removing Aileen Cannon will kill chance of putting Trump on trial: expert

Special counsel Jack Smith might be avoiding calls to demand the removal of Judge Aileen Cannon from Donald Trump's classified documents case because it would kill any chance he has of getting a trial before the election, an expert said.

While Smith has not indicated that he wants to ask for Cannon's removal, experts have urged him to — particularly after former Mar-a-Lago worker Brian Butler, who is a potential star witness in the case, publicly described how he unwittingly helped co-defendant Walt Nauta move boxes of classified documents onto Trump's private plane in June 2022.

Calls for Cannon's removal came after Butler appeared on CNN and said he went public because Cannon ruled to reveal the identities of potential witnesses in the case — a decision Smith had blasted as a "clear error" that could "manifest injustice."

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"Instead of just waiting for it to just come out, I think it's better that I get to at least say what happened than it coming out in the news [and] people calling me crazy," Butler told CNN. "I'd rather just get it out there, and the hope is, at least I can move on with my life and get over this."

Impeachment lawyer Norm Eisen responded, "It is hard to imagine a more corrupt judge than Aileen Cannon. It is past time for Jack Smith to petition for her removal."

Though it's expected to be delayed, the scheduled start of the trial is fast approaching on May 20. Smith may not move to remove Cannon since that would create a delay, an expert said.

If the trial gets pushed back beyond November, Trump could potentially order the Department of Justice to drop the prosecution.

Jordan Rubin, writing for MSNBC last month, said, "For anyone hoping for a different judge due to concerns over Cannon further delaying the case, assigning a new one could just add more delay. But if Trump loses the election and prosecutors are no longer racing that clock, then a more experienced judge could help ensure not only that the case moves toward trial efficiently but that the trial itself is handled properly, given the vast discretion afforded trial judges.

"Yet it's that discretion — and the high bar for recusal and reassignment — that may keep Cannon on the case."

Former U.S. attorney Barbara McQuade thinks Smith doesn't have a strong enough case to remove Cannon.

"Although some may perceive her decisions as favoring Donald Trump, judges often accommodate defendants out of an abundance of caution to ensure due process and a fair trial, and to avoid reversal on appeal," McQuade told Newsweek.

"While reasonable minds can disagree about some of her decisions, nothing she has done could be framed as an abuse of her discretion. I do not think a motion to recuse her would be successful, and then Smith would risk being even worse off than he is now in the eyes of Judge Cannon."