Ty Cobb, a former White House attorney, expressed his belief that the 11th Circuit Court may eventually choose to remove Judge Aileen Cannon from the case concerning former President Trump’s mishandling of classified documents at his Florida estate.
During an interview on CNN’s “Erin Burnett OutFront,” the former Trump administration official highlighted the significance of special counsel Jack Smith’s recent filing. He emphasized that Smith’s actions indicate a potential escalation of the case to the 11th Circuit if Cannon does not render a prompt ruling.
According to Cobb, it is evident from today’s filing that Jack Smith needs to make a ruling. If she fails to do so in either scenario, they have the ability to take the case to the 11th Circuit. Cobb also believes that the 11th Circuit will likely remove her from the case.
In the Trump’s documents case, Cannon has directed both parties to propose jury instructions that will consider Trump’s perspective on the Presidential Records Act (PRA). This law governs the handling and archiving of records created during a president’s term. However, Cannon made this decision without taking into account Trump’s previous motion to dismiss the case based on the PRA.
Smith strongly criticized Cannon for endorsing Trump’s flawed belief that the classified documents found in his Florida residence belonged to him personally. He urged Cannon to promptly issue a ruling on this matter.
According to Cobb, Cannon’s handling of the case has faced criticism from the 11th Circuit in the past, resulting in significant delays.
He remarked on the extraordinary delays in this case, expressing surprise that Cannon has not yet set a trial date.
Cobb disagreed with the notion that Cannon’s alleged mistakes could be attributed solely to lack of experience or incompetence. According to Cobb, “the evidence of her bias is quite obvious at this point.”
He later added, “The evidence is simply too overwhelming. Yes, she may lack competence, but her level of incompetence is so blatant that it undoubtedly gives the impression of bias and an attempt to influence the outcome. Therefore, I believe this should disqualify her.”
Trump is facing charges primarily under the Espionage Act, which makes it illegal to intentionally keep national defense information. He is also accused of obstructing justice by trying to hide the records from authorities when they asked for them to be returned.
