Aileen Cannon defied recommendations from two more senior federal judges in South Florida to step aside in a case on former President Donald Trump’s mishandling of classified documents.
Per the New York Times, two justices, including the Chief Justice of the Southern District of Florida, advised Cannon to remove herself from the case and allow another justice to take hold — but she declined.
Cannon, a Trump appointee, has come under fire for her alleged mishandling of the case for the significant delays and indefinite pauses she created, as well as potential conflicts of interest arising from her relationship to Trump and conservative groups.
The judges’ advice, and Cannon’s refusal to heed it, is an unprecedented complication in an already scrutinized case. Federal law enforcement seized thousands of allegedly illegally held classified documents in Trump’s private home in Florida in August of 2022, but a trial in the case was indefinitely postponed by Cannon.
Experts have noted that Cannon has exhibited some signs of judicial bias in her treatment of the case, such as taking an unusual amount of control over pretrial motions from the case’s magistrate, demanding the prosecution take extra steps in its case, and creating substantial delays as the defendant runs for president.
Special Counsel Jack Smith, who prosecuted the case against Trump, has previously — and largely unsuccessfully — fought Cannon’s actions to block proceedings from moving forward. Some experts have urged Smith to move for removal, but the bar to have the case re-assigned without the go-ahead of Cannon herself is exceptionally high.
Per the Times, Cannon’s refusal to hear out the justices is a violation of judicial norms, as less experienced justices often turn to their more senior counterparts for advice, but Cannon is not bound to follow their advice.
