Judge Aileen Cannon may be about to give Special Counsel Jack Smith his first real way to get her removed from Donald Trump's criminal Espionage Act case, a former prosecutor said on Saturday.
Ex-U.S. Attorney Harry Litman appeared on CNN, where he was asked about the Florida classified documents case. Specifically, the host asked how Litman viewed the case, which has been plagued by delays for several months.
Litman said that he expects the delays to continue unless Cannon is somehow replaced as the jurist. He added that Cannon has so far not given Smith any such opportunities, but that she may be about to slip up.
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"However, there's a motion before her now involving a gag order, and if she just doesn't rule on it, as has been her want, I think the DOJ could say this is serious and it's emergent and bring it up to the 11th circuit," Litman said. "And there are indications that the circuit would be all too happy to recuse her that her general treatment the case has been a bit of a black eye for everyone in that circuit."
He continued: "so I think absent being removed from the case, it couldn't happen and even if she is, we're just about at the time where putting a new judge and getting that judge up to speed is probably too late for a trial before November."
