United States District Judge Eileen Cannon Although she has only been on the federal bench for less than four years, she is already at the center of what is likely the most significant case of her legal career. But Cannon has consistently shown little of the urgency of Special Counsel Jack Smith’s classified documents case against the former president. donald trump. Cannon announced Tuesday that the trial of the man who appointed him will be postponed indefinitely due to a number of unresolved pretrial issues.
It’s no exaggeration to say that Canon is in a completely avoidable situation. The main speedbump preventing a quick resolution to the issues she cites in explaining her delays is none other than Cannon herself. At this point, it is impossible to clearly allocate blame for this chain of failures to inexperience, partisan malice, or simply bad treatment. But what is clear is that Ms. Cannon has muddied what was supposed to be one of the most direct cases against Mr. Trump on her own.
Cannon said in the filing that the slow process is largely due to the Secret Information Procedures Act, a 1980 law that sets rules for the use of classified documents in criminal trials. “It would be imprudent to fix a trial date at this point, before the myriad of interrelated pre-trial matters and future CIPA matters have been resolved, and the various pre-trial issues pending before trial. “This would be inconsistent with the court’s duty to fully and fairly consider the allegations,” she said, “and the important issues of CIPA and the additional pretrial and trial preparations required to present this case to a jury.” wrote in Tuesday’s order.
Indeed, cases covered by CIPA are more difficult to handle than cases with potentially sensitive charges, as judges consider balancing the defendant’s ability to mount a viable defense without compromising government secrets. It tends to be difficult. Defendant Cannon is clearly aware of the charges that he is intentionally delaying the progress of the case. In a footnote to Tuesday’s order, she said she had heard and resolved five motions from the defense, including Mr. Trump and his co-defendants, since March. CIPA related motions. She added that she had ruled on other matters as well in the weeks since March, including requests for redactions and seals, and “various other motions.” While this is an impressive list, she doesn’t necessarily inspire sympathy given some of the reasons she struggles to cope with her workload.
Cannon’s name first became widely known in August 2022, when the FBI raided Mar-a-Lago and seized boxes of documents that President Trump refused to return to the federal government. However, it was soon discovered that it contained hundreds of pages of classified documents. When Trump’s lawyers asked a “special director” to delay the Justice Department’s investigation of the seized materials, citing “executive privilege,” Cannon responded. Her ruling was thoroughly handed down by the normally very conservative 11th Circuit Court of Appeals, but it has since brought a lot of scrutiny to Cannon and the fact that she was appointed by President Trump. .
“Judge Cannon thought more like a pointy-headed appellate judge than a common-sense judge,” attorney and law commentator David Rutt wrote in a special trial court last month, arguing that Judge Cannon thought more like a pointy-headed appellate judge than a common-sense judge. Rather, he said, he was looking at new legal issues that are currently underway. . This caused her to “overthink this issue terribly” and issue an opinion that was “too smart by half and completely wrong, which is why the 11th Circuit downplayed this issue,” he said. continued in the Substack newsletter. Since then, Rutt reported, Cannon’s office has been plagued by heavy workloads, higher-than-usual turnover in her chambers, clearances required for clerks to handle classified materials, and special master Mr. Cannon is said to be struggling with new trends in micromanagement given the increased scrutiny he faces. Ruling.
It is quite possible that more experienced judges will face similar problems. But it is almost a literary twist of fate that Cannon is even in a position to make these decisions. There are more than 20 federal district judges in the Southern District of Florida. Cases are randomly assigned from among them. It is only by sheer luck that President Trump sees his own classified documents lawsuit lose before Cannon’s. With the shadow of her Special Master incident looming over her, she chooses to take her time and make things right. However, this exposed her to a completely different type of criticism. Among them: forcing the prosecution and defense to spend their time crafting potential jury instructions and arguments regarding the Presidential Records Act, rather than addressing more pressing issues at her disposal; Including her frankly bizarre decisions.
Unfortunately for those of you who are not co-defendants in this case, Mr. Cannon’s cautious approach is entirely consistent with President Trump’s preferred strategy of delaying court appearances for as long as possible. The trial was originally scheduled to begin on May 20, but given that President Trump is facing a separate criminal trial in New York, it was clear that would not happen. Mr. Smith and the former president’s lawyers, who sued Mr. Trump last year, agreed that a delay was necessary. Mr. Smith’s team argued that a summer trial was still possible, but Mr. Trump, understandably, insisted on a trial date after Election Day. Since hearings on the matter were held in March, Cannon has only hinted at when a rescheduled trial might take place, with the last one set for Monday, moving up a key CIPA-related filing deadline. Ta.
Again, the role of classified material as evidence could slow down any criminal trial, let alone one involving a former president. However, given the clear evidence that President Trump was in possession of the seized documents despite subpoenas for their return and attempted to thwart the government’s document recovery efforts, the case would be completely closed if it went to a jury. Should. Rather, Cannon has pushed himself into a corner, overcorrecting his past mistakes and only compounding his subsequent follies.
This article originally appeared on MSNBC.com
