Special Counsel Jack Smith is gearing up to unleash the “nuclear option” in the high-stakes case of former President Donald Trump’s alleged mishandling of classified documents. Amid escalating tensions, Smith and defense attorneys are sounding the alarm that he may push for the removal of Judge Aileen Cannon from the bench.
Smith didn’t hold back when he slammed Judge Cannon for seemingly buying into Trump’s unfounded claims about official and personal records. Her request for divergent jury instructions, seemingly tilted in Trump’s favor, ignited a powder keg of controversy. Smith has made it abundantly clear: if Cannon sides against federal prosecutors, he won’t hesitate to escalate the battle to the Eleventh Circuit, potentially stripping her of authority over the case.
Palm Beach County State Attorney David Aronberg sees the situation as teetering on the edge, with Smith poised to take extreme measures over the proposed jury instructions. Despite Trump’s vocal support for the judge, the rift between Smith and Cannon has deepened, pushing the case closer to a legal cliff.
Judge Cannon defended her actions, claiming she merely sought clarity on the complex case. However, her dismissal of Smith’s urgency and refusal to make swift rulings raise eyebrows. Meanwhile, Trump’s legal team’s insistence on his exclusive control over document classification clashes with Smith’s office, which brands it as baseless.
Smith’s office has expressed frustration with Judge Cannon’s handling of the case, particularly regarding the pace of proceedings. Compounded by Trump’s efforts to prolong the legal process in Florida, Judge Cannon’s docket remains crowded with numerous pending legal matters.
In a separate legal matter involving Trump, Smith has underscored the importance of promptly resolving charges against the former president, citing a national interest in swift justice. In contrast, Trump contends that proceeding with a trial before the election constitutes interference with the electoral process.
Ken White, a federal criminal defense attorney, views Smith’s strategy as a direct challenge to Cannon, potentially paving the way for her removal if she continues to deliver biased rulings.
“If she does something crazy enough — and this jury instruction order is crazy on the order of the stuff that got her to reverse the civil case — it makes it a live possibility that the circuit will send it to somebody else,” White said.
In addition to the classified documents case, Trump is entangled in two criminal proceedings stemming from his post-2020 election power retention efforts. One is a federal case initiated by Smith, while the other is underway in a Georgia state court. Additionally, Trump is scheduled to face trial in New York in April on charges of falsifying business records to conceal a hush money payment preceding the 2016 election. Cannon is yet to set a trial date in Florida.
However, replacing Cannon would undoubtedly further delay the case, rendering any pre-election trial an elusive goal.
