HomeFlorida NewsJack Smith has an ace up his sleeve: Special counsel eyes rare...

Jack Smith has an ace up his sleeve: Special counsel eyes rare legal maneuver against the judge in Trump’s Florida case


Florida – As Donald Trump’s classified documents case in Florida unfolds, U.S. District Court Judge Aileen Cannon has come under intense scrutiny from the legal community. Many legal experts have criticized her handling of the case, accusing her of bias towards the former president. This controversy reached a peak earlier this month when Judge Cannon indefinitely postponed the trial, a move that some say demonstrates clear favoritism.

Jack Smith has an ace up his sleeve: Special counsel eyes rare legal maneuver against the judge in Trump's Florida case

Postponement and Judicial Consequences

Judge Cannon has recently provided Trump with an additional postponement by indefinitely delaying his Mar-a-Lago classified documents trial. Originally slated to be one of Trump’s initial criminal trials, the future of the case is now in doubt following Cannon’s decision to suspend Trump’s obligation to inform the government about which classified documents will be addressed in court.

Described as a temporary measure, this suspension lacks a definitive end date, leading legal experts to express concerns that it may be a strategy to perpetually postpone or even potentially dismiss the trial.

Check also: Legal expert slams Trump’s lawyers for major blunders in court that are hurting his New York case

Judicial Decisions Questioned

According to a report by Salon, the situation has escalated to the point where special counsel Jack Smith is considering a rare legal maneuver. In April, amidst concerns that Judge Cannon might instruct jurors that Trump possibly had the legal right to take classified documents, Smith hinted at the possibility of invoking a “writ of mandamus.” This would involve appealing directly to the U.S. Court of Appeals for the 11th Circuit, which has previously overturned some of Cannon’s decisions, to have her removed from overseeing the case.

Salon explains that a writ of mandamus is considered a drastic step, used only when a prosecutor believes and can demonstrate that a case has been severely compromised by judicial misconduct.

The consensus among legal observers last month was that Judge Cannon had narrowly avoided crossing this line by refraining from issuing legally questionable jury instructions. This careful maneuvering by Cannon may have saved her position for the time being, as it complicates any attempt to argue for her removal through an appeals court.

Check also: “I think it would just fuel the fire:” Expert claims jail time might skyrocket Trump’s popularity and propel him to White House victory

Opinions on the Feasibility of Mandamus

The possibility of pursuing a writ of mandamus has been met with skepticism. The Washington Post’s Jennifer Rubin, quoted by Salon, described it as “a long shot.” For the writ to be successful, prosecutors must prove that they have no other alternatives and a “clear and indisputable right to the requested relief.” This high threshold makes the strategy risky and unlikely to succeed, according to Rubin.

Conversely, defense attorney Glenn Danas expressed a different view in a statement to Slate, suggesting that if he were a prosecutor on the case, he would “file a writ of mandamus ASAP.”

Danas criticized Judge Cannon’s approach as unusually accommodating to the defense, stating, “It seems like she’s going out of her way to afford the defendants an extraordinary amount of time and her own judicial resources to get every single thing that they want done in a way that seems unusual.”

Check also: Another investigation looming after Trump was exposed “selling laws” during Florida meeting

Echoing a cautious perspective, New York University law professor Stephen Gillers agreed with Rubin’s assessment. He noted that mandamus is typically reserved for “extreme cases where appeal is not possible but the trial judge’s decision is clearly wrong.” Gillers emphasized that opting for mandamus would be a significant gamble and is “almost certainly” doomed to fail under the current circumstances.

As the case continues to garner attention, the legal strategies and decisions at play are setting precedents and stimulating a broader discussion about judicial conduct and impartiality in politically sensitive cases.

Read more