Former Trump White House attorney Ty Cobb explained how U.S. District Judge Aileen Cannon has created a “perception of partiality” that could lead to her removal from the former president’s delay-laden classified documents case. (Gee, Ty, ya think?) Via HuffPost:
Cannon, who has yet to set a trial date in the case, ordered lawyers on both sides to submit jury instructions that seemingly gave credence to Trump’s view of the Presidential Records Act, an act he’s argued gave him the power to take documents upon the end of his term.
Special counsel Jack Smith, in a filing on Tuesday, knocked the Trump-appointed judge for relying on the former president’s “fundamentally flawed legal premise.”
“I think the filing today makes it plain that she has to rule, and if she doesn’t rule under either scenario, they’ll be in a position to take her up to the 11th Circuit [Court of Appeals]. And I think the 11th Circuit will likely take her off the case,” said Cobb on Wednesday’s edition of CNN’s “Erin Burnett OutFront.”
Well, I hope he's right. But I'm afraid to hope. (Fitzmas, anyone?)
Cobb, who noted that the 11th Circuit has previously rebuked Cannon over how she’s dealt with the case, called her delays “extraordinary” and that it’s “remarkable” Cannon hasn’t set a trial date.
He told Burnett that he doesn’t buy that it’s just “incompetence and inexperience” at this point.
“I think the evidence is just too overwhelming,” added Cobb, who criticized Cannon’s handling of the case last month.
We think so, too, Ty. Let's see if the 11th Circuit weighs in on this mess.
