Former U.S. attorney says Jack Smith has grounds to seek Judge Cannon's removal

 February 13, 2024

Judge Aileen Cannon dealt Special Counsel Jack Smith a loss last week after she rejected his request to keep the names of government witnesses secret. However, one legal expert thinks Smith could pose a threat to Cannon.

According to Newsweek, that was the position put forward by Joyce Vance, who formerly served as U.S. attorney for the Northern District of Alabama.

Vance touts Smith's history of having "clean hands"

In a recent issue of her newsletter titled "Civil Discourse with Joyce Vance," she pointed to a court filing Smith submitted in which he asked Cannon to reconsider her ruling.

Specifically, Smith maintained that by refusing to hide the identity of government witnesses, Cannon had made a "clear error" which could expose them to danger.

Vance suggested that Smith's "good faith" manner of responding to unfavorable rulings by the judge will help him on appeal.

"[T]he government is showing its efforts to comply with the Judge's orders in good faith," the former Obama appointee wrote.

"That record of 'clean hands' will prove helpful to the government if the case ends up before the 11th Circuit and would strengthen the case for removing Judge Cannon if her rulings on matters this week continue to be off base," she asserted.

MSNBC legal analyst calls decision "mind boggling"

Lisa Rubin is an attorney and legal analyst for MSNBC, and she also agreed that Cannon's decision is vulnerable to being reversed.

"If information about an ongoing federal investigation into threats to a prosecution witness is not worthy of an ex parte, under seal filing, I don't know what is," Rubin wrote in a social media post.

The pundit went on to declare that Cannon's ruling on the issue was a "mind boggling" move which defies explanation.

Report on Biden's handling of documents notes his declining mental ability

While this represents the latest development in Smith's prosecution of former President Trump for mishandling classified documents, President Joe Biden's own behavior regarding similar material has also been in the spotlight lately.

Special Counsel Robert Hur released a report last week in which he highlighted the president's declining mental abilities.

"In his interview with our office, Mr. Biden's memory was worse. He did not remember, even within several years, when his son Beau died," he wrote.

"And his memory appeared hazy when describing the Afghanistan debate that was once so important to him," the special counsel added.

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