Former White House attorney Ty Cobb predicted on Wednesday that the 11th Circuit Court may eventually decide to remove Judge Aileen Cannon from the case regarding former President Trump’s mishandling of secret documents at his Florida home.
In an interview with CNN’s “Erin Burnett OutFront,” the former Trump administration official cited special counsel Jack Smith’s most recent brief and stated that he believes Smith may take the case to the 11th Circuit if Cannon does not rule soon.
“I believe that Jack Smith’s motion today makes it clear that she must rule, and if she does not rule in any scenario, they will be able to take her to the 11th Circuit. Cobb believes the 11th Circuit will likely remove her from the case.
Cannon recently directed both sides in Trump’s documents lawsuit to provide jury instructions that would generally reflect Trump’s interpretation of the Presidential Records Act (PRA), which governs how records created during a president’s term must be managed and later stored. Cannon issued the orders despite neglecting to examine Trump’s previous move to dismiss the case on those grounds.
In an unusually frank brief, Smith chastised Cannon for accepting Trump’s “fundamentally flawed legal premise” that the sensitive information seized from his Florida home was somehow his personal property. He urged Cannon to make a decision on the subject quickly.
Cobb observed that the 11th Circuit has rebuked Cannon’s handling of the matter, which has been significantly delayed under Cannon.
“Her delays here are extraordinary,” he added, adding that it was “remarkable” that Cannon had yet to establish a trial date.
Cobb disputed the notion that Cannon’s alleged mistakes could be attributed solely to inexperience or ineptitude, stating, “the evidence of her bias is pretty palpable at this stage of the game.”
“I think the evidence is just too overwhelming,” he later explained. “I mean, yes, she may be incompetent, but at this point in the game, her incompetence is so blatant that I believe it clearly creates the perception of partiality, as does her attempt to put her thumb on the scale.” So, I believe that should disqualify her.”
Trump is being tried primarily under the Espionage Act, which forbids the deliberate retention of national defense secrets. He is also charged with obstruction of justice for attempting to conceal the data when officials sought their return.