Special Counsel Jack Smith’s pursuit of justice against former President Donald Trump faces yet another setback, courtesy of U.S. District Judge Aileen Cannon.
Trump, charged with 40 federal felonies linked to his alleged mishandling of classified documents post-presidency and obstructing justice, continues to deny guilt despite recent convictions on unrelated counts in New York.
Cannon, who has been accused of favoring Trump’s interests in the courtroom, announced in a ruling on Thursday that she would soon schedule a new hearing to revisit a decision that a different federal judge made allowing Smith’s team to use evidence obtained from one of Trump’s former lawyers.
This move follows a precedent set by Judge Beryl Howell in March 2023, permitting prosecutors to breach attorney-client privilege under the crime-fraud exception.
Cannon, justified her decision by stating, “It is the obligation of this Court to make factual findings afresh on the crime-fraud issue,” insisting on an evidentiary hearing to thoroughly examine contested legal and factual matters.
Smith’s legal team had cautioned against the hearing, fearing it would unnecessarily prolong proceedings branded as a potential “mini-trial.”
Disregarding these concerns, Cannon defended her stance, drawing a controversial distinction between wasting resources and conducting a necessary legal process.
Cannon’s rulings continue to fuel accusations of bias in favor of Trump, prompting scrutiny over her judicial impartiality in a case of significant national interest and political ramifications.
