Special Counsel Jack Smith has reportedly missed a crucial opportunity to request Judge Aileen Cannon's recusal from former President Donald Trump's classified documents case.
As reported by Newsweek, former U.S. Attorney Joyce Vance suggests that Smith's recent court filing did not include a request for Judge Cannon's recusal.
According to legal experts discussing the matter on a podcast, this development comes as Smith appeals to Cannon's decision to dismiss the case. This omission could have significant implications for the ongoing legal proceedings against Trump, who faces charges related to the alleged mishandling of classified documents after leaving office.
Joyce Vance, who previously served as the U.S. Attorney for the northern district of Alabama, shared her insights on the CAFE Insider podcast. She explained that in the 11th Circuit, failing to make an argument in the opening brief effectively waives the right to make that argument later in the proceedings.
Vance's co-host, Preet Bharara, another former U.S. Attorney, noted the absence of a recusal request in Smith's brief. This observation has led to speculation about the special counsel's legal strategy and its potential consequences for the case against Trump.
The decision not to seek Judge Cannon's recusal comes after her controversial ruling in July 2024. Cannon dismissed the case against Trump, arguing that Smith's appointment as special counsel was unconstitutional due to the lack of Senate approval.
Smith's appeal to the 11th Circuit court challenges Cannon's dismissal of the case. In his filing, the special counsel argued that the judge's ruling contradicts longstanding appointment practices within the Department of Justice.
However, by not addressing the issue of recusal in his initial brief, Smith may have closed the door on the possibility of having a different judge oversee the case if it is reinstated. This could potentially impact the proceedings, given the criticism Cannon has faced for her handling of the case thus far.
David Lat, a former federal prosecutor turned legal commentator, has weighed in on the potential outcomes of Smith's appeal. While he predicts that the 11th Circuit court will likely reverse Cannon's decision to dismiss the case, Lat expresses uncertainty about how the Supreme Court might rule if the case reaches that level.
The classified documents case is just one of several legal battles facing the former president. Trump has been indicted in multiple jurisdictions on various charges, including falsifying business records in New York and attempts to overturn the 2020 election results at both federal and state levels.
In May, Trump was convicted on 34 counts of falsifying business records, which prosecutors claimed were related to hush money payments made before the 2016 presidential election. The former president has consistently denied any wrongdoing and is awaiting sentencing in that case.
These ongoing legal challenges continue to shape the political landscape as Trump maintains his position as a prominent figure in the Republican Party. The outcomes of these cases could have significant implications for his political future and the broader American political scene.
Special Counsel Jack Smith's decision not to request Judge Aileen Cannon's recusal in his recent court filing has raised eyebrows among legal experts. This strategic move, or oversight, could impact the trajectory of the classified documents case against former President Donald Trump. The ongoing legal battles surrounding Trump continue to captivate public attention and underscore the complex interplay between law and politics in the American justice system.
