Janice R. Andrews
Judge Aileen Cannon has made a substantial change to the court schedule in the former president Donald Trump’s lawsuit involving sensitive materials that may be advantageous to Trump. This action include postponing important hearings and setting up new ones that would call into question Special Counsel Jack Smith’s jurisdiction, who was assigned to handle the matter.
Judge Cannon has indicated her willingness to consider vetoing the authority of the special prosecutor by deciding to hold a thorough hearing on Trump’s motion to nullify Smith’s appointment. Unusually for Cannon, he has also permitted a variety of constitutional experts and political partisans who are not immediately associated with the case to take part in the oral arguments. This is a very unusual step in a criminal case that shows how much discussion there is about the issue.
A hearing on prosecutors’ request for a gag order, which aims to restrict Trump’s public remarks on law enforcement, has also been scheduled by Cannon. She has also prolonged the time for hearing arguments pertaining to the matter before the special counsel. The week of June 21 is scheduled for these hearings. But she has continued to postpone hearings without announcing new dates, which has caused the matter to drag out even longer.
Similar to a notable success in Georgia, where the state court of appeals put an indefinite stop to the election subversion conspiracy case against him, these delays represent a legal win for Trump. Trump’s case is moving more slowly thanks to Cannon’s different strategy, even though previous prominent targets of special counsel investigations have failed in comparable challenges.
In contrast to other federal judges who have expeditiously brought special counsel prosecutions to trial, Cannon has handled this case differently. It is an extraordinary move on her behalf to consider challenges to the special counsel’s authority and to let third parties to argue in court. Political pressure on Attorney General Merrick Garland and continuous discussions on the legal authority of the special counsel have led to this decision.
Delaying a multi-day process where Trump’s team intended to interview federal officials under oath about their investigation is another of Cannon’s recent acts. Cannon granted permission to convene the hearing even though the special counsel’s office objected to this unusual request; nevertheless, it is no longer scheduled.
All things considered, Judge Cannon’s most recent actions drastically alter the court calendar and give Trump a tactical edge in the continuing legal dispute over the secret papers case.
