According to The Hill, Judge Aileen Cannon, who was appointed by former President Donald Trump, may initially oversee the case related to the indictment of Trump, according to multiple reports. Cannon’s name appeared on the summons for Trump’s scheduled appearance in court, alongside Judge Bruce Reinhart, who approved the search warrant for Trump’s Florida home.
Cannon’s rulings in the case have significantly slowed down the Department of Justice’s investigation into Trump. In one instance, she prohibited prosecutors from using the classified documents that were seized from Trump’s home. She later appointed a special master to assess whether certain documents claimed to be covered by executive privilege, although the special master himself expressed skepticism regarding Trump’s argument.
However, Cannon’s decisions were overturned twice by the 11th Circuit Court of Appeals, which authorized the DOJ to use the seized documents and disbanded the special master process. The appeals court emphasized that while executing a warrant at the home of a former president is indeed extraordinary, it should not interfere with the ongoing investigation.
“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation
There are concerns among some legal experts about Cannon’s inclusion in the case. Joyce Vance, an attorney involved in drafting a model prosecution memo for the case, cautioned against overreacting to Cannon’s involvement, noting that the 11th Circuit can order a reassessment if a judge’s bias towards the defendant raises questions about their objectivity and credibility. Vance suggested that if Cannon is permanently assigned to the case, she would likely step aside or face a challenge from the DOJ to ensure the credibility of the proceedings.
This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th won’t tolerate the damage it would do to their credibility if she failed to voluntarily recuse,” Vance wrote on Twitter.
“It is not clear Cannon is permanently assigned to the case. If she is, it’s extremely unlikely it stays with her and as a last resort, DOJ will challenge her participation and win
It remains to be seen whether Cannon will ultimately preside over the case or if there will be further developments regarding the judicial oversight of the indictment against Trump.
1/Before everyone gets too spun up about reports Judge Cannon has been assigned to the Trump case, a little law. I used to be an appellate chief in the 11th Circuit (where Florida is) and I litigated a few appeals where we asked the court of appeals to order a judge to recuse.
— Joyce Alene (@JoyceWhiteVance) June 9, 2023
