A former federal judge, a government watchdog group, and two ethics scholars are seeking to have the classified documents case against former President Donald Trump reassigned to a new judge. The group is planning to file an amicus brief with the 11th US Circuit Court of Appeals, criticizing Judge Aileen Cannon’s handling of the case, particularly her decision to dismiss the prosecution and her actions that allowed Trump to slow down the federal investigation by appointing a special master. The 11th Circuit previously reversed Cannon’s decisions in this matter, and the group is hoping for a new judge to be assigned to the case.
Retired Judge Nancy Gertner, legal ethics scholars Stephen Gillers and James J. Sample, and the government watchdog group Citizens for Responsibility and Ethics in Washington are behind the proposed amicus brief that is seeking to be filed with the Atlanta-based appeals court. They argue that Cannon’s past rulings and handling of the case have raised concerns about bias and her ability to impartially manage the case. They specifically call out her delay in resolving issues and her controversial request for briefs on a hypothetical jury instruction favoring Trump’s acquittal.
According to the group’s proposed amicus brief, Judge Cannon’s conduct in the case has raised red flags, appearing to go beyond legal errors and suggesting active judicial intervention in favor of the former president. They are requesting that the appeals court reassign the case to a new judge due to concerns about Cannon’s perceived bias and inability to impartially manage the case. While it is uncommon for appeals courts to reassign a trial judge, the group argues that Cannon’s actions warrant it in this case.
Special counsel Jack Smith, who did not request for Cannon to recuse herself or for the case to be reassigned, has not raised objections to her handling of the case. The critics of Cannon argue that her rulings and conduct give the impression that subjecting a former president to standard criminal procedures is seen as an unacceptable insult to his dignity. This sentiment, as outlined in the proposed amicus brief, further underscores the group’s concerns about Cannon’s ability to preside over the case fairly.
Overall, the group of critics seeking to file the amicus brief with the 11th Circuit Court of Appeals is pushing for a new judge to be assigned to the classified documents case against former President Donald Trump. They argue that Judge Aileen Cannon has shown signs of bias and partiality, particularly in her dismissal of the prosecution and her handling of the federal investigation into Trump’s actions. The proposed brief highlights concerns about Cannon’s conduct and her perceived favoritism towards the former president, urging the appeals court to reconsider her role in the case and assign a new judge for a fair and impartial hearing.
