Judge Cannon may be removed 'if she continues to make questionable rulings': former prosecutor
According to former federal prosecutor Glenn Kirschner, he is amazed that special counsel Jack Smith has not asked that Judge Aileen Cannon on the U.S. District Court for the Southern District of Florida be taken off the Donald Trump Mar-a-Lago documents case.
The controversial Trump judicial appointee has been under intense scrutiny over her past rulings favoring the former president and Kirschner claimed there is enough already on the record to ask for her removal if she refuses to recuse herself.
Asked by MSNBC host Katie Phang about how Cannon is handling questions about whether indicted Trump aides Walt Nauta and Carlos de Oliveira should have access to secret documents as part of their defense, the former prosecutor was skeptical.
"I do not want to be unkind but I do not think she will manage them well," he replied. "
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"She has a track record, unfortunately, that involves the 11th Circuit Court of Appeals ruling that she abused her judicial discretion; doing something that the law does not allow to the extreme benefit of Donald Trump," he stated. "Katie, I maintained the minute I saw those appellate court opinions that her impartiality can reasonably be questioned. The federal law provides that if a judge's impartiality can reasonably be questioned, that does not mean that she can't be fair, she can't be impartial, but if there are reasonable questions that can be asked about her impartiality, she is required under federal law to recuse herself, to remove herself."
"I'm still a little surprised we have not seen a motion to recuse filed by [special counsel] Jack Smith and his prosecutors that may still come if she continues to make questionable rulings," he added. "I have a feeling, Katie, that the documents case is on a slow train to nowhere, at least as compared to the federal prosecution of Donald Trump in D.C., the RICO prosecution of Donald Trump and so many of his co-conspirators and co-defendants in Georgia."
"Frankly, perhaps, even the criminal prosecution of Donald Trump in New York for all of his falsification of business records," he suggested.
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