Ex-prosecutor shows where we'll 'see fireworks' in Judge Aileen Cannon's next move
Judge Aileen Cannon, Donald Trump (Photos: Creative Commons, Mandel Ngan for AFP)
January 31, 2024
Judge Aileen Cannon has not been without controversy after slowing down the document theft case, and that could get worse.
On Wednesday, Cannon met with the Justice Department's special counsel Jack Smith behind closed doors to discuss which documents are too top-secret to include in the trial. Former prosecutor Joyce Vance expressed her concern that all of it is moving so slowly.
"The problem with Judge Cannon's handling of the case has been the exceptional amount of delay she has indulged [Donald] Trump with in what should have been a fairly straightforward case," Vance said.
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Cannon is a Trump appointee to the bench.
Speaking to MSNBC's Alicia Menendez, Vance explained that there could easily have been a prompt hearing back in December when the schedule was outlined. If there were questions, she said, the 11th Circuit Court of Appeals has shown it is willing to move quickly to resolve them.
When asked what could come out of the meeting between Cannon and Smith, Vance said that the issues before them aren't as complicated as cases that involve the "nature of the classified information."
"This case," she continued, "is about hanging on to documents that you weren't entitled to have regardless of what the nature of the classified material they contained was. So, this should have been a straightforward situation where Jack Smith said, 'Judge, here are the items that we believe are too deeply classified to be included. And we'd like to delete this material or submit a nonclassified summary.' All of these proceedings are authorized and fairly routinely used in this sort of a case."
Rather than dealing with Section Four of the Classified Information and Procedures Act (CIPA), she's allowed the matter to linger for months. That means the case itself drags on.
So, she said, Judge Cannon should have a simple path before her without the need to deviate from all other cases similar to this. If she does, that's where Vance is concerned things could start getting heated.
"Where we will see fireworks is if she does not," explained Vance. "If she tries to let the Trump lawyers, for instance, look at this, then there will undoubtedly be an appeal. And of course, the real ball game is what gets put into trial in a courtroom, ultimately."
See her full commentary in the video below or at the link here.