Former federal prosecutor Joyce Vance criticized Judge Aileen Cannon for her behavior during Donald Trump’s classified documents criminal trial, stating that she has acted in ways that are “far outside the realm.” Vance believes that the Department of Justice (DOJ) should take action and recuse Judge Cannon from the trial.
Trump, who is widely expected to be the Republican Party’s nominee for the 2024 presidential election, is currently facing multiple charges related to allegations that he unlawfully kept classified documents at his Mar-a-Lago residence in Florida after his tenure as President. These documents reportedly contained sensitive national security information, leading prosecutors to assert that Trump violated the Espionage Act. Despite the accusations, Trump maintains his innocence and has pleaded not guilty to the charges.
Judge Cannon, who was appointed to the bench by former President Trump in 2020, has been facing criticism from observers and legal experts for her unconventional decisions in the documents case. One recent example is her denial of two motions from Trump’s legal team, which sought to dismiss his Espionage Act charges. However, her denial was structured in a way that would allow the charges to be brought forward again later in the trial, effectively preventing DOJ special counsel Jack Smith from launching an appeal if the motions were granted.
Calls for recusal have been persistent due to the various issues surrounding Cannon’s actions, with many legal experts accusing him of intentionally favoring Trump. During a recent interview on MSNBC, Vance, who served as a U.S. attorney for the Northern District of Alabama under the Obama administration, highlighted the need for a motion to recuse in response to this matter.
“The most effective approach would be to file a motion to recuse,” remarked Vance, a legal analyst for the network. “This judge’s behavior is so far removed from the norm that it has left everyone perplexed and searching for a plan. I believe that, at this juncture, the DOJ should proceed with filing a motion to recuse the judge. It is her duty to provide a written response if she denies it, and then Jack Smith will have the opportunity to take it to the 11th Circuit.”
She also mentioned that the Department of Justice (DOJ) would face challenges in making such a motion. However, she emphasized that it would be a necessary step to mitigate the potential risks associated with Cannon’s involvement in the case.
Manhattan District Attorney Cyrus Vance Jr. explained that prosecutors face challenges when it comes to recusal. It is not a decision made lightly and requires the solicitor general’s approval. However, in this particular case, the judge has consistently made rulings that even the 11th Circuit deemed as being in a completely different realm. Vance believes that this is the appropriate situation and the perfect time for Judge Jack Smith to take that step. It would be too risky to proceed with the trial under this judge’s jurisdiction.
In a recent video on his official YouTube channel, Glenn Kirschner, a former assistant U.S. attorney and a well-known critic of the former president, expressed his views on Judge Cannon’s decision to reject the two motions put forth by Trump’s legal team. Kirschner believes that this ruling is just the beginning and sets the stage for something even more advantageous for the former president.
“He claims that she is planning something even more advantageous for Donald Trump,” he remarked. “Had she approved this motion and dropped the charges, guess what? Special counsel Jack Smith would have had the opportunity to appeal. However, what she actually stated was, ‘I will not dismiss them…for now, but I may consider doing so later, during the trial, after a jury has been selected and jeopardy has been attached.’ Why? Because in that scenario, Jack Smith would be unable to appeal the dismissal, ensuring that Donald Trump avoids accountability for those offenses.”