CREW Argues for Judge Aileen Cannon’s Removal: ‘Undermine and Derail the Prosecution’
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A public interest group filed a legal challenge on Tuesday, arguing that U.S. District Judge Aileen M. Cannon should be removed from handling criminal charges against former President Donald Trump to “preserve the appearance of justice.” The filing by Citizens for Responsibility and Ethics in Washington (CREW), supported by a retired federal judge and two constitutional lawyers, called for her reversal and removal from the case.
The brief challenges Cannon’s decision to throw out special counsel Jack Smith’s prosecution of Trump for allegedly mishandling classified documents, claiming her ruling ignored key federal statutes. CREW, a nonpartisan government advocacy group, has been at the forefront of legal battles involving Trump.
The filing asserts that Cannon’s ruling “hinged on ignoring the plain text of four federal statutes” and disregarded a “landmark Supreme Court opinion confirming the Attorney General’s power to appoint a Special Counsel.” CREW argued that Cannon’s actions gave the public reasonable grounds to believe she was biased in favor of Trump. “A reasonable member of the public could conclude, as many have, that the dismissal was the culmination of Judge Cannon’s many efforts to undermine and derail the prosecution of this case,” CREW wrote.
Judge Cannon’s July ruling claimed that Attorney General Merrick Garland had exceeded his authority by appointing Smith without congressional approval, violating the separation of powers. Critics argue that this decision ignored established legal precedents. Special Counsel Smith has since appealed the decision to the 11th U.S. Circuit Court of Appeals.
Among the signatories of CREW’s brief is Nancy Gertner, a retired federal judge from Massachusetts. She described Cannon’s decision as showing “clear bias,” citing Cannon’s repeated rulings favorable to Trump’s legal team. “And with this Supreme Court, there’s no ceiling. All precedents are up for grabs,” Gertner commented.
Federal statutes allow appellate courts to reassign cases if a judge’s conduct “gives rise to the appearance of impropriety or a lack of impartiality.” Although judicial reassignment due to bias is rare, the brief cites several precedents to support its case.
This is not the first time Cannon’s decisions have faced scrutiny. The 11th Circuit has twice reversed her rulings, including a significant rebuke in December 2022 when she appointed a special master to review classified documents seized from Trump’s Mar-a-Lago estate. If the appeals court overturns Cannon’s latest ruling, it will mark the third reversal of her decisions in Trump-related cases in under three years.
