Judge Aileen Cannon is set to embark on a three-day marathon of hearings heavily favoring Donald Trump and his allies, as they challenge the legitimacy of the classified documents case against the former president.
Judge Cannon’s hearings will scrutinize Trump’s claims that Special Counsel Jack Smith’s appointment was unlawful, stirring controversy over Attorney General Merrick Garland’s authority to make such appointments without Senate confirmation.
Trump is arguing that Jack Smith was unlawfully appointed as special counsel, claiming that Attorney General Merrick Garland does not have legal authority to appoint someone as special counsel who hasn’t confirmed by the Senate.
The Justice Department says the attorney general has ample authority to appoint “inferior officers,” which would include special counsels.
In a departure from judicial norms, Cannon has allocated extensive time to debate the authority of the special counsel, contrasting sharply with recent swift dismissals of similar challenges in other federal courts.
Critics point to Cannon’s unusually generous timeline as evidence of bias, suggesting her delays could benefit Trump’s political agenda, possibly pushing any trial beyond the upcoming election.
The judge’s handling of the case has drawn intense scrutiny, with reports indicating that South Florida judges had cautioned against her involvement due to concerns over impartiality. Despite these warnings, Cannon has not only pressed forward but also permitted outside groups and former Trump officials to argue in support of the former president’s position, an unprecedented move in a criminal trial.
Among those joining the debate are right-wing nonprofits and former government figures, who argue vehemently against Smith’s appointment, casting him as an unchecked wielder of immense power capable of influencing national elections.
In contrast, defenders of Smith’s appointment contend that he meets constitutional requirements as a special counsel, rejecting assertions that his appointment was improper due to bypassing Senate confirmation.
