Former White House attorney Ty Cobb suggested that the 11th Circuit Court might remove Judge Aileen Cannon from the case involving former President Donald Trump‘s mishandling of classified documents at his Florida estate.
What Happened: Cobb on Wednesday, in an interview with CNN, indicated that the 11th Circuit Court could potentially remove Judge Cannon from the case. He pointed to a recent filing by special counsel Jack Smith, suggesting that the case could be taken up to the 11th Circuit if Cannon does not rule promptly.
“I think the filing today makes it plain that she has to rule, and if she doesn’t rule under either scenario, they’ll be in a position to take her up to the 11th Circuit. And I think the 11th Circuit will likely take her off the case,” Cobb said.
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Cobb also noted that the 11th Circuit had previously rebuked Cannon’s handling of the case, which has been significantly delayed under her.
"Her delays here are extraordinary," he said.
"I think the evidence is just too overwhelming," Cobb said.
"I mean, yes, she may be incompetent, but at this stage of the game, her incompetence is so gross that I think it clearly creates the perception of partiality, and her attempt to put her thumb on the scale. So, I think that should disqualify her."
Why It Matters: This development comes after Special Counsel Jack Smith openly criticized Judge Cannon’s handling of the classified documents case against former President Donald Trump. Smith's team expressed their disapproval of Cannon's request for jury instructions that favored Trump's assertion of possessing extensive authority to retain classified government documents. They warned of seeking a review from the appeals court if Cannon approved Trump's arguments regarding his record-retention powers.
Trump is facing charges under the Espionage Act for the willful retention of national defense information and obstruction of justice for attempting to conceal the records from authorities after they demanded their return. Despite the allegations, he continues to assert his innocence, describing the cases as a "witch hunt."
According to Real Clear Politics, at the national level, Trump held 46.6% support among voters, While Biden trailed with 45.8% support.
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