CNN senior legal analyst Elie Honig dashed Democratsâ desires Friday that former President Donald Trumpâs classified documents judge will leave the case.
More senior judges asked U.S. District Court Judge Aileen Cannon to step down from the case shortly after she received it because of lack of experience and previously ruling in favor of Trump, The New York Times reported on Thursday. Honig on âCNN Newsroom With Jim Acostaâ said it would be unheard of for Cannon to step down due to not being sufficiently qualified to handle the case.
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âFor multiple more senior judges to say, âyou may be in over your head hereâ is really unusual, but I should say if she were to step away for that reason, sheâs not going to, that would be completely unprecedented,â Honig told host Jim Acosta. âI mean, Iâve never heard of a federal judge saying, âIâm removing myself not because of a conflict of interest, but because Iâm not up to it. That would be a very strange result.â
âNow, important to know, itâs very rare to see a judge forcefully removed from a case,â he added. âIt does happen occasionally. The first thing that would typically have to happen, though, is Jack Smith, the prosecutor, would have to ask for it. And prosecutors are very wary of doing that. One, because you donât want to look like youâre judge shopping, two because itâs kind of dicey if you say, âcourt of appeals, Iâd like you to remove Judge Acostaâ and the court of appeal says ânoâ and then you got to go back in front of Judge Acosta, hypothetically.â
Cannon is hearing arguments Friday to decide whether the entire classified documents case should be tossed on account of the alleged unconstitutionality of special counsel Jack Smithâs appointment. Trumpâs attorneys assert Smith, a private citizen neither nominated by the president nor confirmed by the Senate at the time of his November 2022 appointment by Attorney General Merrick Garland, does not possess the power to indict.
âI do think if Judge Cannon rules that heâs improperly appointed, that would be a shocking ruling and might give him a basis to ask ⌠to reverse her and ⌠remove her,â Honig said.
Cannon in April indefinitely postponed Trumpâs trial in May where the former president confronts 41 felony counts. Smith indicted him in June 2023 on charges pertaining to his handling of classified documents.
Liberal commentators and legal analysts have frequently criticized Cannon for perceived bias in favor of Trump, but legal experts told the Daily Caller News Foundation she is being fair and following normal procedure.
(Featured Image Media Credit:Â Screenshot/X/CNN)
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