CNN’s legal analyst Elie Honig suggested that Special Counsel Jack Smith may be considering a “drastic” measure in response to his dissatisfaction with Judge Aileen Cannon’s handling of Donald Trump’s classified documents case. This comes after Smith’s recent court filing, in which he criticized Cannon for issuing jury instructions based on what he deemed a flawed legal premise.
During a CNN segment, anchor Dana Bash highlighted Smith’s concerns, particularly regarding perceived delays in the case that could potentially extend it until after the November election, aligning with the defense strategy. Bash then questioned Honig about the possibility of Smith seeking Judge Cannon’s removal.
Honig acknowledged Smith’s apparent frustration with Judge Cannon, evident in his filing. He outlined potential actions Smith could take, including appealing the judge’s decision if she maintains it and potentially requesting her removal from the case. However, he noted that such a step is rarely taken by prosecutors and offers no guarantee of success.
Honig highlighted the irony that appealing the decision or seeking Judge Cannon’s removal could further delay the case, contrary to Smith’s concerns about the pace of proceedings.
“Do you have any sense that, as part of that, he is setting the stage for a motion to get rid of the judge?” she asked Honig.
“So Jack Smith clearly has had it with Judge Aileen Cannon; I think that oozes out of this briefing. As you said, it’s quite a sensational filing from a prosecutor. I do think there is some frustration that’s obvious with the pace of this as well as the substance of it,” replied Honig. “Now, one move that Jack Smith could make here, and he sort of alludes to it in the briefing, is A. If the judge sticks by this ruling, if the judge says, ‘I am going to instruct the jury on this Presidential Records Act defense,’ then Jack Smith makes clear, ‘I will appeal that and I will appeal it now.’”
“The other thing that Jack Smith might do is ask the appeals court to remove Judge Cannon from the case,” he acknowledged. “Now, that’s quite a drastic step. It is very rarely, not never, but very rarely taken by prosecutors. And there’s no assurance that they win.”
“But the sort of irony of all of this is if Jack Smith appeals this, and if Jack Smith asks the appeals court to remove Judge Cannon, that will delay this more than anything that’s happened so far,” concluded Honig.
