Fordham Law Professor Cheryl Bader was quoted in an article by the Associated Press following U.S. District Judge Aileen Cannon’s dismissal of the classified documents case against former President Donald Trump, on the grounds that the appointment of and funding for special counsel Jack Smith were unconstitutional.
Special counsel Jack Smith’s appeal of U.S. District Judge Aileen Cannon’s order is expected to tee up a court fight that might reach the U.S. Supreme Court and could result in the reinstatement of the indictment and even conceivably the reassignment of the case to a different judge.
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It is unclear if Smith’s team will seek to have Cannon reassigned in the event that the appeals court reinstates the case. A Smith spokesperson declined to comment Tuesday on that possibility. It’s an unusual request and one prosecutors in this case had avoided making.
But there is precedent for appeals courts taking that step, including in the same judicial district where the Florida case was charged.
“I think it would be quite a statement if the Circuit Court removes her from the case, but I think in this instance it would be warranted,” said Cheryl Bader, a Fordham University law school professor and former federal prosecutor. “There does seem to be a pattern of Judge Cannon bending over backwards to create delay and obstacles.”