'Disturbing': Legal expert says Judge Cannon might get 'forced recusal' for tipping scales

Judge Cannon appears to be intentionally helping Donald Trump in his criminal case over confidential documents, and it might warrant an appeals court forcing her out, a legal expert said on Wednesday.

Former federal prosecutor Joyce Vance once again raised the issue of Cannon's behavior in the Trump documents case, calling the pattern of delay "disturbing."

"Perhaps we’d view any one of them, on their own, as a judicial aberration. But the pattern of ruling upon ruling that is out of the legal mainstream and results in delay well past the point where this case should have been ready for trial is something that shouldn’t be ignored," Vance wrote on Substack. "Judges should not put their fingers on the scales of justice either for or against a defendant or any other party. Here, it’s impossible to avoid the conclusion that the scales are being tipped."

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Vance goes on to say that Judge Cannon has "entered an order in the case that is worth paying attention to" on Tuesday.

"Trump and his Florida co-defendants filed a consolidated motion on January 16, 2024, asking the court to order the government to turn over more discovery to them than it had provided... The Special Counsel filed a response, opposing making information public if it revealed the identity or any personal identifying information of any potential witness for the government, or any transcripts or other documentation of statements or testimony they may have given," Vance wrote. "Most Judges would give serious consideration to protecting this type of information, at least at this stage of the proceedings. Judge Cannon decided to protect some, but not all of it."

Finally, Vance raises the potential solution.

"When Judge Cannon was first assigned this case, we discussed the standards used in the 11th Circuit for determining whether a judge should be recused based on their prior conduct in a case. The argument is not one of personal bias, or even that she should be recused because Trump appointed her. But in rare, extraordinary cases where a judge has made multiple rulings that were without a valid basis in the record, the 11th Circuit has ordered recusal, finding that 'the original judge would have difficulty putting his previous views and findings aside,'" Vance wrote. "Whether they would apply that rule to Cannon remains to be seen. Forced recusals are rare. But at this late date, even if the 11th Circuit were to move quickly, as it has in the past, and force Cannon to step aside, it would take a new judge some time to get up to speed. There are no quick fixes for the damage Judge Cannon has done."