Judge Aileen Cannon, overseeing the high-profile classified documents case against former President Donald Trump, has faced intense scrutiny for her handling of the proceedings. According to reports from The New York Times, Cannon, appointed by Trump, disregarded recommendations from senior judges to pass the case to a more experienced jurist.
The advice to step aside came shortly after the case was randomly assigned to her last June. Two senior judges in the Florida judicial system, including Chief Judge Cecilia Altonaga of the Southern District of Florida, urged Cannon to defer the case. Their suggestions were based on concerns over perceived bias in favor of Trump due to her previous rulings and the complex nature of the case, which involves sensitive national security issues.
Altonaga reportedly argued that the case would be better handled by a judge based closer to Miami's busiest courthouse, which is equipped with a secure facility for storing classified documents. This facility was necessary for the proper handling of the sensitive materials involved in the case against Trump. Despite these recommendations, Cannon chose to retain the case, leading to the construction of a secure facility at the Fort Pierce courthouse where she presides, costing taxpayers significantly.
Cannon's decision to keep the case has led to a series of controversial rulings, many of which have been criticized for delaying the trial and seemingly aligning with Trump's legal strategy to postpone proceedings until after the 2024 presidential election. This approach could potentially benefit Trump if he were to win and be in a position to influence the Department of Justice to drop the charges.
Her rulings have included denying a gag order request from Special Counsel Jack Smith. Smith sought the order following Trump's false claims that the FBI was "locked and loaded" to kill him and his family during the retrieval of documents from Mar-a-Lago. These claims were contradicted by the fact that the raid had been prearranged with Trump's lawyers to occur in his absence. Former White House counsel Ty Cobb described Cannon's refusal to issue the gag order as "dangerous and incendiary."
Cannon's actions have not only raised eyebrows within the legal community but also led to a formal rebuke from the 11th Circuit Court of Appeals in Atlanta. The appellate court overturned her earlier decision to appoint a special master to review the seized documents, criticizing her for overstepping her authority by blocking federal prosecutors from accessing the materials.
The backdrop of this controversy includes Cannon's appointment to the federal bench during the final months of Trump's presidency. Before her appointment, she served as an assistant U.S. attorney for the Southern District of Florida from 2013 to 2020 and had presided over just four criminal trials as a federal judge before taking on Trump's case.
The complexities and high stakes of the case have made Cannon's decisions all the more significant. Her refusal to step aside has led to increased scrutiny and speculation about her impartiality and the broader implications for the judiciary's handling of politically charged cases.
Despite the mounting pressure and criticism, Cannon's tenure as a Senate-confirmed, presidentially appointed judge grants her significant independence and discretion. This autonomy allows her to make decisions without the obligation to follow advice from her peers, though it also places her actions under a microscope.