Judge Aileen Cannon is facing backlash for her decision to dismiss the case involving classified documents against former President Donald Trump in Florida.
Legal experts are now calling for Cannon’s removal from her position as a federal judge after she dealt a significant blow to Special Counsel Jack Smith on Monday. She ruled that Smith’s appointment was invalid because it lacked a specific federal statute basis and was not approved by the president and Senate.
Former Assistant U.S. Attorney Andrew Weissmann expressed on MSNBC that while the 11th U.S. Circuit Court of Appeals or the U.S. Supreme Court could overturn Cannon’s ruling, it also opened an opportunity for the 11th Circuit to consider removing her if they view her decision as unfounded.
Attorney Joe Gallina suggested on social media that Cannon should be removed from the bench, prompting Smith to appeal to the 11th Circuit urgently.
Experts believe that Cannon’s ruling is likely to be overturned on appeal as special counsels have traditionally been appointed by the attorney general for nearly three decades.
Noting Cannon’s departure from established practices, national security attorney Bradley P. Moss criticized her for disapproving of Jack Smith’s independence, calling it a breach of institutional norms.
Various legal professionals, including Richard Painter and Norman Ornstein, have condemned Cannon’s actions, labeling her as a discredit to the law and the country.
This recent controversy is just one of many for Cannon, who was nominated to the federal bench by Trump and has faced criticism for her handling of the case.
Since taking on the case in June 2023, Cannon has made unconventional decisions, such as granting a special master at Trump’s request, delaying proceedings, and issuing paperless orders instead of substantive rulings. These actions have hindered Smith’s ability to file an appeal.
Former U.S. Attorney Barbara McQuade noted on MSNBC that while the case dismissal may appear to be a setback, it actually forces Cannon to issue a ruling, allowing Smith to appeal promptly.
“Although Cannon had discretion over many decisions, this ruling is immediately appealable, and the 11th Circuit is likely to reverse her incorrect judgment,” McQuade commented.