Amid delays and uncertainty over Donald Trump's classified documents case, a strained dynamic between his prosecutor and his judge has intensified.
Amid delays and uncertainty over Donald Trump’s classified documents case, a strained dynamic between his prosecutor and his judge has intensified.
“It’s clear that she is going in a ridiculous direction,” said Nancy Gertner, a retired federal judge from Massachusetts, who says Smith should move for Cannon’s recusal from the case. “The government could be without recourse after a trial begins. … I don’t even know why they indulged her. … I think they need to stop playing games and move to disqualify her.”
And even if Smith succeeds in getting the trial on track before November, Cannon’s critics worry that she will unilaterally pull the plug on the case before it reaches a jury.The latest clash between the judge and prosecutors came over Trump’s aggressive interpretation of the Presidential Records Act, a post-Watergate law that governs federal recordkeeping and allows presidents to retain certain “personal” documents, such as diaries, from their terms in office.
Some of the filing painted Trump’s legal position as so absurd that Cannon entertaining it would render the trial a farce. And the prosecutors took the unusual step of warning Cannon repeatedly that they could pursue a rare, pretrial appeal if she sided with Trump. “The legal issue that the judge is struggling with is potentially dispositive,” said former federal prosecutor Brandon Van Grack. “If she sides with the government, it is unclear what the defense would be then.”
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