Claire McCaskill, former U.S.
Special counsel Jack Smith filed his brief to the 11th U.S. Circuit Court of Appeals on Monday, urging the court to reverse U.S. District Judge Aileen Cannon’s dismissal of the classified documents case. The Justice Department has a decent chance of prevailing, but reviving the case alone won’t solve a continuing challenge Smith would still face: Cannon herself.
The short answer is that, as I’ve written before during this saga, it’s more difficult to reassign a judge than you might think, and we shouldn’t assume that that will happen here, absent the judge doing something even more outlandish than she has to date. Smith’s brief didn’t indicate his intention to seek a new judge. That doesn’t mean that the appeals court couldn’t still remove her while reversing her, but there’s reason to not expect that here.
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