A former federal judge, a government watchdog group, and two top scholars on judicial ethics are urging the appeals court to reassign the classified documents case against former President Donald Trump to a new judge. The group is seeking to file an amicus brief with the 11th US Circuit Court of Appeals, criticizing Judge Aileen Cannon's handling of the criminal case.
They raised concerns about Cannon's decision to dismiss the classified documents prosecution earlier this summer and her actions that allowed Trump to slow down the federal investigation in 2022. This included appointing a special master to review evidence and blocking investigators' access to documents seized at Mar-a-Lago. The 11th Circuit has already reversed Cannon's decisions on this matter.
Retired Judge Nancy Gertner, along with legal ethics scholars Stephen Gillers and James J. Sample, and the government watchdog group Citizens for Responsibility and Ethics in Washington, are seeking to file the brief with the Atlanta-based appeals court. They argue that Cannon's rulings and case administration have raised concerns about bias and impartiality.
They highlighted Cannon's delays in resolving issues in the criminal case, which has led to significant delays. Additionally, they criticized her request for lawyers on both sides to file briefs on a hypothetical jury instruction that could potentially ensure Trump's acquittal.