Judge Cannon grills Trump's lawyers in the classified documents case
Judge Aileen Cannon flashed signs of skepticism of defense lawyers who argued in her federal courtroom that special counsel Jack Smith should get thrown off the Trump classified documents case. Cannon, who was nominated by Trump and confirmed by the Senate weeks before he left office, appeared to push back the former president's lawyers when they argued Smith's status posed an 'ominous' threat. Trump critics have asked why Cannon even decided to hold a hearing on the matter, in a critical case where she has already postponed the trial date.
Trump's team, led by lawyer Emil Bove, argued that AG Merrick Garland wasn't authorized to designate Smith as special counsel, and that any person filling such an important role must be confirmed by the Senate, notwithstanding other courts which have allowed it. When Bove said it was akin to having 'the power to appoint a shadow government,' Cannon appeared unimpressed. 'That sounds very ominous, a shadow government. But what does that mean?,' she asked, NBC News reported.
If she were to go against Trump, it would outside of a reputation she has garnered among Trump critics for frequently siding with the former president on a range of procedural matters that have had the effect of stalling his classified documents trial. Former Trump White House lawyer in a recent CNN interview branded her a 'partisan, petty prima donna.' He predicted she would be rebuked if she did rule for Trump. 'The worst thing … could happen to her, is that she actually does rule for Trump on this, because that would go to the 11th Circuit, and then I think this petty, partisan prima donna would be put in her place, and they would remove her,' he said.
Smith's appointment was just one of the matters Judge Cannon heard in her Fort Pierce, Fla. courtroom Friday, as Trump's team also fought the government's request for a gag order. It was the first time Trump's lawyers were in court since he was found guilty on 34 counts of falsifying documents by a Manhattan jury. It comes a day after a bombshell report that two senior judges urged Cannon to step back from the case when it was initially assigned to her. Those related to Trump's claim that a standard FBI use-of-force policy included in papers related to the search of his Florida property for the documents was an authorization for them to assassinate him, despite the language being standard boilerplate material for similar warrants.
Trump's Republican allies in Congress have also voiced criticism of the appointment and funding of Special Counsel Jack Smith, who is leading the classified documents prosecution and a second criminal case in Washington accusing Trump of attempting to overturn his 2020 election defeat. Trump, who is challenging Democratic President Joe Biden in the Nov. 5 election, is also awaiting a landmark decision from the U.S. Supreme Court on his claims of presidential immunity in the election case. Trump's lawyers face an uphill battle in challenging Smith's appointment. U.S. attorneys general serving presidents of both major political parties have appointed special counsels and courts have previously rejected challenges to their authority, most recently in cases involving Biden's son Hunter, who was found guilty this month on gun charges.
'It has been upheld every time it has come up,' Kel McClanahan, a lawyer focused on national security issues, said of the special counsel authority. 'It never works out' for the defense. Trump has not raised the same challenge to Smith in the election case in Washington, where judges would be bound by prior rulings in prior challenges to special counsel. TRUMP DENIES WRONGDOING Trump faces ongoing criminal prosecutions including the documents case and two related to his attempts to overturn his 2020 defeat. He has pleaded not guilty in all three and has said without evidence that they are all attempts to stop him from returning to power.
Trump has argued in court filings in Florida that Smith did not have the authority to bring the charges because he was not confirmed by the Senate and his office was not created by an act of Congress. Trump's defense is also challenging the mechanism funding the prosecution. Smith's office has disputed the claims and argued that his appointment is backed by prior court decisions. Trump's legal challenges are part of a multi-pronged attack on Smith, whom Trump has called 'deranged' and a 'thug' on social media. Smith, a veteran public corruption prosecutor who worked on war crimes cases in The Hague, was named by Attorney General Merrick Garland in 2022 to lead the investigations into Trump.
His appointment was designed to give the probes a measure of independence from the Justice Department under the Biden administration. Trump's challenge to Smith is one of a series of attempts by his lawyers to dismiss the classified documents charges. Cannon has indefinitely delayed the trial's start and it is unlikely the case will reach a jury before the November election. The hearings will also address other issues including Trump's bid to suppress evidence seized during an FBI search of his Mar-a-Lago resort and Smith's request to bar Trump from making statements that may endanger law enforcement. The request from Smith, which is scheduled to be discussed on Monday, came after Trump's baseless claims that FBI agents were authorized to assassinate him when they searched his Mar-a-Lago, Florida resort in August 2022.
Garland, who rarely speaks publicly about the Trump cases, has called Trump's claims 'extremely dangerous.' Cannon has been receptive to Trump's defense on other issues and has signaled she may be open to Trump's arguments challenging Smith's appointment as special counsel. In a rare move, she has allowed three outside lawyers representing legal experts and advocacy groups to argue during Friday's hearing. Two of those lawyers have filed court briefs siding with Trump in the dispute. (Reporting by Andrew Goudsward; Editing by Scott Malone and Alistair Bell)
