'Lose-lose': Legal expert explains why DOJ must move to have Judge Cannon recused from Trump case

A noted legal expert is warning the U.S. Dept. of Justice on why it should be seeking U.S. District Judge Aileen Cannon to recuse from overseeing the Special Counsel’s classified documents case charging Donald Trump with 37 criminal felonies, largely under the Espionage Act.

Professor of law Joyce Vance, a popular MSNBC/NBC News contributor and former U.S. Attorney on Thursday wrote on Twitter, “I’m confused by the argument that the gov’t shouldn’t move for Judge Cannon’s recusal because she might be affronted.”

Pointing to her “history in the prior litigation, I’m sure she already is. It’s hard to imagine a worse situation with a trial judge.”

That history involves Judge Cannon being widely condemned publicly for her rulings in favor of Trump, rulings so out of whack judges above her on the 11th Circuit Court of Appeals issued opinions correcting her decisions that could be characterized as damning.

“Prosecutors have 2 moves here: file a motion to recuse now. If she denies it, she’s required to write a statement saying why,” Vance says, offering DOJ a gameplay. “That could be helpful. They can also wait until she enters an appealable order & ask the 11th Cir. to reassign the case on remand.”

In other words, Vance is suggesting DOJ lay the groundwork so the moment Cannon goes out of bounds, they can say, “We warned you this would happen.”

“The issue is whether the public can have confidence in this judge’s conduct of such an important trial. The answer is no based on how she handled the prior case,” Vance notes.

She adds, if Cannon “rules against Trump, he’ll claim she’s trying to fix her reputation. It’s a lose-lose if she stays on.”

“If Cannon recuses, this case could go to another Trump appointee. That’s not what this is about. It’s about whether, as the 11th Circuit said, even in the absence of bias ‘the original judge would have difficulty putting his previous views and findings aside.'”

Cannon made her choice when she overstepped her authority, when she installed a special master at Trump’s request when none was legally warranted, delaying DOJ’s investigation and ultimate prosecution.

Vance is far from the only legal expert saying Cannon should recuse.

Former U.S. Dept. of Justice Inspector General Michael Bromwich oversaw investigations into historic cases including the bombing of Pan Am Flight 103, and the FBI conduct in its investigation into Aldrich Ames, the infamous former CIA counterintelligence officer convicted on espionage charges.

Pointing to a report noting Judge Cannon has “remarkably little experience overseeing criminal trials,” Bromwich says: “That is reason enough for the chief judge to step in and reassign the case if Cannon declines to recuse. This is a case whose handling will reflect–well or poorly–on the entire district court and all its 18 judges.”