U.S. District Judge Aileen Cannon continues to use her wide discretion over her role to Donald Trump’s advantage. She added a new dimension to that approach this week, further confirming that the former president will not stand trial in Florida this year. Perhaps more importantly, the Trump appointee’s latest maneuvers raise even more important questions about how she would handle a trial that takes place in the classified documents case — if that ever happens.
The latest moves stem from an allegation that has nothing to do with the indictment itself: the far-fetched defense argument that the appointment and funding of special counsel Jack Smith are illegal. It’s the kind of claim that other judges have rejected out of hand. But Cannon is choosing to hold hearings on this issue and further delay other matters.
What makes things even stranger is that she’s bringing in outside parties to weigh in on the nomination issue (two lawyers supporting Trump, one supporting Smith) at an all-day hearing on June 21. It is abnormal to involve external parties in this process phase of a criminal case. Cannon will also hear arguments on the issue on the morning of June 24, and not until that afternoon will she hear arguments on Smith’s motion to stop Trump from spreading the lie that law enforcement tried to kill him, an issue that the special counsel in May brought forward urgently for the first time. 24.
And by shuffling the calendar in order Wednesday — which lists upcoming dates — Cannon canceled a multi-day hearing on another defense motion she had previously set for June 24-26. That will now happen at some uncertain point in the future, along with other issues that stymie a possible trial of the presumptive Republican nominee, who will likely crush this case and his other federal case if he wins in November.
The Florida judge’s latest machinations come the same week that the state of Georgia’s prosecution in Georgia was officially halted pending his appeal to disqualify Fulton County District Attorney Fani Willis. Another Supreme Court opinion day passed Thursday without the justices ruling on the immunity claim that kept his federal election interference case alive in Washington. One difference between these two cases (and the New York case that will be sentenced in July) and the Florida case is that the judges presiding over the case have demonstrated their ability and willingness to pursue cases.
The same cannot be said for Cannon, whom Smith may ultimately appeal on a number of issues. But before that can happen, along with the associated (though currently still unlikely) possibility of getting a new judge on the case, she first has to make some rulings, something that normally doesn’t require a judge said, but apparently it does. here.
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This article was originally published on MSNBC.com
