Tornado Alley (PROG)

[fuagf]

Looks Smith could not remove Cannon himself, could only 'seek to remove' her:

Jack Smith Could Seek to Remove Aileen Cannon for Granting Trump's Request

Published Feb 07, 2024 at 8:34 AM EST
Updated Feb 08, 2024 at 9:43 PM EST

[...]

"In my opinion, it would be surprising if the judge is actually removed based on a delay-of-case argument. Usually, judges are only removed for conflicts of interest or other egregious behaviors in the case. Most state's procedural rules build in quite a bit of discretion in how the sitting judge handles discovery and deadlines in a case."

Newsweek reached out to Special Counsel Jack Smith, via the Department of Justice, and Judge Aileen Cannon using email and voicemail messages outside of usual working hours. This article will be updated if either wishes to comment.

Before the decision was announced, Lawfare senior editor Roger Parloff suggested a ruling in Trump's favor could spark an interlocutory appeal from prosecutors, based on the perception that Cannon has been too favorable to the defense.

On X, formerly Twitter, Parloff referenced section four of the Classified Information Procedures Act (CIPA) which allows "the United States to delete specified items of classified information from documents to be made available to the defendant through discovery" or to "substitute a summary of the information for such classified documents."

Posting on Monday, before Cannon's ruling, he said it would be "highly controversial" for her to grant the defense's request over document access and that if she did so it could trigger an interlocutory appeal from prosecutors.

https://www.newsweek.com/jack-smith-could-seek-remove-aileen-cannon-granting-trumps-request-1867665

Extremely rare - https://www.law.cornell.edu/wex/interlocutory_appeal