Former White House attorney Ty Cobb has shared insights into the ongoing legal battle surrounding former President Trump’s handling of classified documents, suggesting potential removal of Judge Aileen Cannon from the case by the 11th Circuit Court.
Cobb’s comments, reported by The Hill on Wednesday, April 3, 2024, reflect mounting tensions over the pace and direction of the proceedings.
During an exclusive interview on CNN’s “Erin Burnett OutFront,” Cobb referenced a recent filing by special counsel Jack Smith, indicating a possible escalation if Judge Cannon fails to deliver a timely ruling.
“I think the filing today makes it clear that she has to rule, and if she doesn’t, they’ll be in a position to take her up to the 11th Circuit,” Cobb emphasized, hinting at Cannon’s potential removal.
Controversy arose over Cannon’s directive for both parties to propose jury instructions, including Trump’s interpretation of the Presidential Records Act (PRA).
Despite Trump’s motion to dismiss based on PRA grounds, Cannon proceeded with soliciting jury instructions, drawing criticism from Smith.
Smith, in a direct filing, criticized Cannon for accepting Trump’s “flawed legal premise” on document ownership and urged expedited ruling due to prolonged delays.
Echoing Smith’s concerns, Cobb questioned Cannon’s handling, suggesting incompetence or bias. “Her incompetence is so gross that it clearly creates the perception of partiality,” Cobb remarked.
The possibility of Cannon’s removal raises questions about the legal battle’s future against Trump, who faces charges under the Espionage Act for retaining national defense information and obstruction of justice for allegedly concealing records.
Critics stress the importance of enforcing laws governing presidential records, while Trump’s supporters argue the case is politically motivated, aimed at tarnishing his legacy.
They contend that Trump’s actions, though controversial, don’t warrant criminal prosecution and should be addressed differently.