DOJ Running Out Of Time To Get Judge Cannon Removed From Trump Trial

Judge Aileen Cannon has repeatedly done everything within her power to protect Donald Trump as he faces trial for stealing classified documents, and so far the Department of Justice has NOT filed a motion for recusal, or taken that issue up with the appellate courts. Legal experts warn that it may already be too far into the process to even try, but there could still be time if the DOJ acts swiftly. Farron Cousins explains what could happen.

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*This transcript was auto-generated. Please excuse any typos.

Judge Cannon has effectively decided to take up basically the entire timeline from next May all the way through the end of next December, possibly even through the next calendar year, with regard to when she's actually gonna hold Donald Trump's trial for allegedly stealing classified documents. She actually issued another ruling that delays it a little further, so it's pretty obvious it's not gonna start in May, but she's not gonna make that final determination till next March. So that leads me to another question from one of our viewers. This one comes from Brendan O'Sullivan 8 1 0 5, who asks, hello Faron, if Judge Cannon manages to effectively rig the trial in Trump's favor, does the DOJ have an avenue to appeal on those grounds, or is that the end of it? Well, before we even get to that point, I think it's important to remember that the DOJ has not filed a motion for recusal to either Judge Canon or to the appellate Court.

So that's what's been disappointing throughout all of this, because Canon has made it abundantly clear to the point of almost, you know, needing to be investigated that she is in the tank for Donald Trump. You know, the initial move of the trial itself, it was originally supposed to take place in the jurisdiction where Donald Trump surrendered, and that is a much more even keeled about 50 50 Democrat Republican district. But Canon as her first order of business said, I'm not gonna do the trial there at the Federal Courthouse. I'm gonna do it at my, my court over in my district, which is about 75 25 Republican Democrat. So automatically, her first decision was to make sure that Donald Trump got a more favorable jury. That right there should have been the moment where the DOJ said, ah, time out. Nope, we're gonna file the motion. You have already proven that you're screwing things here, but the DOJ didn't do it.

And then ruling after ruling after ruling where they're like, Hey Judge, you're getting played by Trump. And she's like, you said too many words in that filing. If you do it again, I'm just gonna rip it up. Like, but you, you didn't even address the issue. You're just mad that we used 14 extra words. That should have been another moment where they filed the motion for recusal and they haven't done it. Maybe they're waiting, you know, as, as the, uh, uh, viewer here asks, maybe they're just waiting to see what the outcome of the trial's gonna be. 'cause they could still win it. I mean, if this case were only about the merits, they've already won. I mean, it's pretty obvious Donald Trump doesn't even deny that he did it. He just says he was allowed to do it, which is a hundred percent wrong. Like the DOJ should win this case.

If they do not, it is only because of what Judge Cannon has done at that point. I do think they do have an avenue for appeal. I mean, not, I do think they do have an avenue for appeal because the issues that they would be appealing based upon, you know, venue, uh, you know, uh, uh, uh, pretrial motions, things like that. They absolutely, those are appealable things. Okay. I know Donald Trump loves to just appeal everything he doesn't like because he doesn't like it. That's not how the appellate process works, folks. You can't just appeal something 'cause you don't like the ruling. The appeal has to state very clearly that there were issues that led to the wrong decision by either the judge or jury. I think the DOJ would have a strong case for that. I, I wish they wouldn't wait for that though. They should have already filed the motion for recusal, which should have, you know, been, been approved, at which point we wouldn't have to worry about the avenues of appeal. But it is what it is. The DOJ probably waited too long at this point, according to legal experts. So we better hope that they're ready for the appeals 'cause Cannon's gonna make sure that Trump gets everything he wants.