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‘She’s got to tread very carefully’

 

President Donald J. Trump delivers remarks in support of the Farmers to Families Food Box distribution program Monday, Aug. 24, 2020, at Flavor First Growers and Packers in Mills River, North Carolina. (Official White House photo by Shealah Craighead)

By Harold Hutchison

A Democratic state prosecutor criticized United States District Judge Aileen Cannon of the Southern District of Florida for agreeing to consider arguments about presidential immunity.

Cannon agreed on Saturday to postpone certain deadlines in former President Donald Trump’s classified documents case to allow the prosecutors time to respond to a request filed by Trump’s legal team asking for a pause following the Supreme Court’s Monday ruling on presidential immunity, according to The New York Times. Democratic State Attorney Dave Aronberg of Palm Beach County accused Cannon of continuing to “indulge” Trump during the trial.

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“If Judge Cannon does try to dismiss charges against Donald Trump, she’ll be immediately appealed to the 11th Circuit, she would probably be reversed and could be eventually removed from the case,” Aronberg told MSNBC host Alex Witt. “So, she’s got to tread very carefully, but delay is her middle name. She will continue to slow walk this case or continue to err on the side of delay and indulge the former president with every request. And so, yes, this decision by the Supreme Court on immunity will further delay the documents case, which is the strongest case against Donald Trump, but this case was never going to be heard before the election, anyway.”

Associate Justice Clarence Thomas’s concurring opinion in the immunity case questioned the constitutionality of Jack Smith’s appointment as special counsel, which Trump’s attorneys referenced in their Friday filing. Cannon heard arguments about the constitutionality of Smith’s appointment in June, with Trump’s lawyers arguing that Smith, who had not been nominated by the president nor confirmed by the Senate, was improperly appointed to the post.

“I think Judge Cannon is going to be very careful before ruling that the special counsel is unconstitutional. That would contradict other courts, and again, that would get her appealed to the 11th circuit, possibly… not only reversed, but removed from the case,” Aronberg said.

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