Florida Judge Aileen Cannon could be totally removed from the Donald Trump Espionage Act case if she tries to dismiss it entirely in response to the Supreme Court's recent immunity ruling, as the former president has requested, according to a local prosecutor.
State Attorney for Palm Beach County Dave Aronberg appeared on MSNBC on Saturday, where he was asked about Cannon's handling of the case involving White House classified document retention and alleged obstruction of justice in response to attempts to get the records back.
Specifically the host asked if Aronberg expects Cannon to dismiss the case, as Trump has requested, in the wake of the high court's analysis on presidential immunity.
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Aronberg replied that, "if Judge Cannon does try to dismiss charges against Donald Trump, she would be appealed to the 11th circuit, would probably be reversed and eventually removed from the case."
"She has got to tread carefully. Delay is her middle name. She will continue to slow walk this case, or continue to err on the side of delay and indulge the former president with every request," he added. "Yes, this decision by the Supreme Court on immunity would further delay the documents case, which is the strongest case against Donald Trump. This case was never going to be heard before the election, anyway."
The host asked, "What aspects of the Mar-a-Lago case do you anticipate being thrown out?"
"Well, I don't think anything in the Mar-a-Lago documents case will be thrown out. It should not be thrown out, because the behavior was after he left the white house," Aronberg said. "He has no more ability to keep documents after he leaves the White House, these classified documents, as he does to keep Air Force One."
The prosecutor continued:
"If you actually think about it like that, Trump's argument is, I was allowed to keep the document as a part of my core, constitutional functions. Therefore, I get immunity for keeping the documents after I leave the White House," he said on Saturday. "What if he stole Air Force One, he was allowed to use it after presidency. If he continued to use it after he left, he would be arrested for it. His argument I think is ridiculous because it all took place after he left the Oval Office. Whether you're talking about the unlawful retention of the documents or the obstruction. I don't think he has a chance."