Speaking in a recent interview on CNN, former White House lawyer Ty Cobb — who served during the Trump administration — predicted that federal Judge Aileen Cannon could easily be removed from her post handling the federal criminal case accusing Donald Trump of the mishandling of government records.
Cannon, who was originally nominated for the federal judiciary by Trump himself, has faced a cascade of criticisms throughout her involvement in Trump proceedings for argued benefits she’s provided the ex-president. Eventual trial in the case is in limbo, with no scheduling evidently set.
“I think, you know, the filing today makes it plain that she has to rule,” Cobb said on CNN. “And if she doesn’t rule under either — 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.” “11th Circuit” refers to a federal court of appeals where Smith could seek intervention. In the filing that Cobb was seemingly referencing, prosecutors led by Smith demanded ample opportunity to appeal in the event that Cannon moves forward with certain unfavorable interpretations of the law argued to be glaringly inaccurate.
Under dispute is the relevance of the federal law known as the Presidential Records Act (PRA), in connection to which the idea has emerged that Trump potentially designating certain records as “personal” could hold significant sway in this criminal case, which focuses on his retention after his presidential term of a range of federal government records. Prosecutors argued — in contrast to Cannon allowing that Presidential Records Act claim some leeway — that the real issue was totally separate, hinging instead on the federal Espionage Act governing the handling of sensitive, security-related documents. But Cannon has yet to put the argument to rest, teeing up the outrage and glances towards higher authorities from Smith, Cobb, and others.
