Anti-bullying activist Monica Lewinsky called for federal Judge Aileen Cannon, who is presiding over former President Donald Trump's classified documents case, to be impeached. But what's the process for that?
"i [sic] awakened angry about the documents case in florida [sic]. it [sic] is INSANE that it hasn’t moved forward to trial, and i hope judge cannon [sic] is impeached. IF the documents had been declassified (which they weren’t) then all trump [sic] had to do was xerox them and return originals that were being asked for and explain they were declassified (again, for those in back, which they weren’t). IF it had been an honest (ahem) mistake to take them… just return them — LIKE EVERY OTHER PRESIDENT WHO WAS FOUND TO HAVE CLASSIFIED MATERIALS IN THEIR PRIVATE POSSESSION. (which still would have warranted an investigation but maybe not resulted in a trial.) the danger and damage done by this judge is mind-numbing," Lewinsky posted to X Tuesday morning.
READ MORE: Trump Focuses on Another Federal Judge – This Time Defending ‘Impartial’ Aileen Cannon
Cannon has been a controversial figure in the Trump documents case. The Trump-appointee been frequently criticized for delaying the trial indefinitely so it won't be decided prior to the November election. She has been holding hearings for many of the defense's motions, even when precedent says they should be dismissed out of hand.
Legal experts have called her "incompetently bad" and "wildly lawless," and said she's "perplexed" by basic rules of law. Multiple experts have predicted she could be removed from the case, though thus far, she's held tight.
But can Cannon be removed from the case or even impeached? The short answer is yes — but the former is more likely than the latter.
The 11th U.S. Circuit Court of Appeals technically has the power to reassign a judge in cases "where the trial judge has engaged in conduct that gives rise to the appearance of impropriety or a lack of impartiality in the mind of a reasonable member of the public." according to MSNBC.
Legal analyst Harry Litman said that the 11th Circuit Appeals Court would like to replace her, according to Newsweek. The court may get the chance, Litman said, if she declines to put Trump under a gag order over concerns he would engender threats against those involved in the case. If she refuses, the prosecution would likely appeal. And while Trump has faced gag orders in other trials, Cannon appears skeptical that Trump's comments would lead to direct threats, according to Politico.
That said, trial judges have a large amount of discretion, which makes a reassignment order difficult, MSNBC reported. And a replacement could lead to further delay.
But Lewinsky specifically called for impeachment; how likely is that?
Not very. Impeaching a federal judge is similar in process to impeaching a president. The House must conduct a vote of impeachment. If it passes, it's up to the Senate to convict. Only 15 judges have been impeached — the most recent in 2010 — and of those, only eight have been successfully convicted and removed from the bench.
Given that the Republicans control the House, it is unlikely that the House would move to impeach Cannon. (House Republicans did vote in December 2023 to formalize an impeachment query into President Joe Biden, however.)
In the event that the Republicans did move to impeach Cannon, it would require a two-thirds vote in the Senate. Though the Democrats currently control the Senate, it's by a razor thin 51-49 margin.
So, barring any utterly egregious behavior from Cannon, it's likely she's on the bench for good, whether or not she stays on the Trump documents case.
