In a column for Slate, former federal prosecutor Robert Katzberg made the case that U.S. District Judge Aileen Cannon’s continued interference in the work being done by special master Raymond Dearie in the matter of government documents stolen by Donald Trump could lead to the 11th U.S. Circuit Court of Appeals stepping in and taking the case from her.
Earlier in the week, the Trump-appointed Cannon gave Donald Trump’s legal team an assist by ruling that they did not need to comply with an order from Dearie and reply in a filing whether they believe the FBI agents lied about documents recovered at the former president’s Mar-a-Lago resort almost two months ago.
As Katzberg sees it, the Department of Justice could appeal, which they did late Friday, and that they may have a compelling case to ask for Cannon’s removal — although such moves rarely occur.
In his Slate column wrote, “Given the extreme and one-sided rulings Cannon has already made, DOJ need not fear making her more hostile than she has already shown herself to be, so the door to aggressive countermoves is wide open.”
He explained, “One such choice would be to file a motion to remove Cannon from the matter entirely, arguing that her opinions have demonstrated a level of bias that cannot be tolerated—and further, that her continued oversight of the matter is a threat to national security.”
Adding that the 11th Circuit has already stepped in to curb some of Cannon’s excesses, Katzberg claimed it might be open to stepping in in a more forceful way.