For the last few weeks, the legal and political world has been focused on an attempt to disqualify Fulton County District Attorney Fani Willis.
This effort aims to prevent her from prosecuting former President Donald Trump. The attempt stems from Trump’s actions to overturn the 2020 election results in Georgia.
Over the past six months, a case has been slowly unfolding, resembling a car crash in its chaotic nature. The judge presiding over the prosecution of the former president in the classified documents case seems determined to protect him at every step.
Judge Aileen Cannon’s case handling has been inconsistent at best, raising concerns. At worst, it appears she is actively working to prevent the former president from facing the classified documents charges before the election, if at all.
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Her recent rulings have raised concerns. She announced the likelihood of releasing the names of government witnesses, potentially exposing them to ridicule and violence.
Her decision on jury instructions has also been questioned. These actions not only complicate special counsel Jack Smith’s case but may inadvertently assist Smith in the long run.
If Smith requests an appellate court review of Judge Cannon’s rulings, those decisions are likely to be reversed. Furthermore, her actions to delay and obstruct efforts to bring the former president to justice could result in her removal from the case altogether.
In many respects, we’ve encountered a similar situation before. In 2022, Judge Cannon presided over a case challenging the FBI’s entry into Mar-a-Lago to investigate whether the former president was harboring classified documents there.
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Despite the questionable nature of the move, she entertained the effort rather than dismissing it outright. Her intervention in that case to protect the former president raised eyebrows.
When her interventions were appealed, the appellate court ruled that there were no grounds for such a case to proceed. They also strongly criticized the basis for the action, asserting that creating an exception for a case like the one Trump filed against a former president would “defy our Nation’s foundational principle that our law applies ‘to all, without regard to numbers, wealth, or rank.'”
The case was returned to Judge Cannon, but the appellate court, consisting of three judges nominated by Republican presidents, instructed her to dismiss it outright. The panel emphasized that the case should never have been filed and that Judge Cannon should not have granted any Relief.
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However, if Smith appeals and succeeds in overturning any of Judge Cannon’s questionable decisions, the remedy wouldn’t necessarily involve dismissing the case.
Instead, if Smith prevails, an appellate court could instruct that a different judge handle the matter, unlike the directive to dismiss the case brought by Trump.
And that is precisely what might occur if Judge Cannon persists in her apparent bias, as evident to anyone observing this matter: she consistently favors the defendants by tipping the scales in their favor repeatedly.
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