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“Thin ice”: Legal experts think Judge Cannon may be removed from Trump case over "evidence of bias"

9 0
04.04.2024

The Trump-appointed judge overseeing his classified documents case may be at risk of being removed from the case after special counsel Jack Smith pushed back on her recent order, legal experts say.

Smith earlier this week submitted hypothetical jury instructions in response to an order from U.S. District Judge Aileen Cannon asking for proposed jury instructions that seemed to give credence to Trump’s claim that the Presidential Records Act allowed him to deem government records as personal property. Smith said these instructions were based on a “fundamentally flawed legal premise” and that the PRA “has no bearing” on Trump’s charges under the Espionage Act.

Smith asked Cannon to rule quickly before the trial so that he could appeal if she rules against him. But some legal experts think the court may go further if it reaches that point.

“Smith spoon feeds the Judge the law, giving her the opportunity to get it right even at this late date. If she doesn't, expect the 11th [Circuit] to bench slap her when he appeals in a way that makes last year's decision look mild,” predicted former U.S. Attorney Joyce........

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