'Three strikes': Ex-prosecutor wants Cannon removed from Trump case over 'unusual' filings

Judge Aileen Cannon should be removed from Donald Trump's classified documents case because she just keeps getting things wrong, according to a legal expert.

Former federal prosecutor Kristy Greenberg appeared on MSNBC on Saturday, where she was asked about Cannon's recent orders. Specifically, the topic of discussion drifted to Cannon's recent filing about jury instructions.

"Her instructions are incredibly unusual," Greenberg said. "She's giving jury instructions without a trial date, really putting the cart before the horse."

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She continued:

"You generally deal with pretrial motions first and jury instructions were later. Her instructions are based on this faulty premise that Donald Trump's designation of records under the Presidential Records Act matters. It doesn't. He is charged with violating the Espionage Act. The Espionage Act applies regardless whether the records he had were categorized as personal or presidential."

She added that, "even if he had designated these as personal records, he is still not authorized."

"Nothing in the Presidential Records Act authorizes a former president to possess classified information. You have this terrible proposed jury instruction to completely confuse the jury. You have her ruling to unseal the identities of witnesses. That's another terrible ruling. You have her refusal to dismiss outright a challenge that the Espionage Act is vague which it isn't. Donald Trump was told repeatedly he could not keep classified documents. You have three strikes in the last two months. Jack Smith really needs to file a motion for mandamus which is an extraordinary remedy. And he needs to file a motion for recusal. At this point it has gotten that bad."

Greenberg noted that she "was not there in the beginning," and was "very much willing to give her the benefit of the doubt even after she was overturned by the 11th circuit."

"When that pattern continues to happen, I do think we are at the stage when Jack Smith should be making a motion for recusal and going to the 11th circuit," she said.

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