The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.

Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” …

  • chaogomu@kbin.social
    link
    fedilink
    arrow-up
    16
    arrow-down
    1
    ·
    9 months ago

    Journalists are not lawyers…

    Some actual lawyers have chimed in here and said that getting a judge, even one as blatantly biased as Cannon, removed from a case is basically impossible.

    Turns out, there’s a set legal definition on bias, and it’s one of the hardest standards to meet.