The article discusses the challenges faced by Judge Aileen Cannon in presiding over the classified documents case of Donald Trump. The author criticizes Judge Cannon for failing to keep the case moving along in a fair and timely manner, despite the importance of protecting Mr. Trump’s constitutional rights. The author, who has expertise in Espionage Act prosecutions, argues that the case against Mr. Trump is not particularly complex and could have reasonably gone to trial by summer with a competent judge. However, Judge Cannon, a Trump appointee, has granted delays, leading to the trial likely not occurring until after the election.
The article highlights that if Mr. Trump wins the election, the case will likely be dismissed by the Trump Justice Department. The author criticizes Judge Cannon’s handling of pretrial litigation, noting that there has been almost no progress in 11 months. The scope of discovery, use of classified information, efforts to dismiss the case, and determination of trial proceedings have all been delayed. Judge Cannon’s high tolerance for delay tactics from Mr. Trump’s defense team has further slowed down the case and raised concerns about her diligence in moving it forward.
The author points out that Judge Cannon has shown a willingness to entertain extreme arguments from the Trump legal team, such as allowing Mr. Trump to designate highly classified government documents as his own personal records under the Presidential Records Act. This, along with delays in addressing substantive issues and motions, has raised questions about Judge Cannon’s impartiality and commitment to upholding the rule of law. The delays and lack of progress in the case could have serious implications for national security, as it sends a message that a former president can compromise sensitive information with impunity.
Despite the challenges faced by the special counsel, Jack Smith, in seeking Judge Cannon’s removal from the case, the author suggests that frivolous rulings could potentially lead to an appeal for removal. However, the time required for such an appeal would likely push the trial past the November election. The author concludes by emphasizing the importance of holding Mr. Trump accountable and maintaining public confidence in the justice system. Judge Cannon’s handling of the case has raised concerns about the fairness and impartiality of the judiciary and could have far-reaching consequences for national security and the rule of law.
