The judge overseeing Donald Trump's federal classified documents case has refused Department of Justice (DOJ) special counsel Jack Smith's request of a discloser regarding the former president's "advice-of-counsel defense" during the trial, sparking criticism online.
Trump has pleaded not guilty to 40 charges relating to allegations he illegally retained top-secret and classified material after he left office in January 2021, then obstructed the federal attempt to retrieve them from his Mar-a-Lago resort residence in Florida. The former president has denied any wrongdoing and has repeatedly said the charges are part of a political witch hunt as he is the frontrunner for the 2024 GOP presidential nomination.
On Friday, Judge Aileen Cannon, who was nominated to the bench by Trump, rejected Smith's request without prejudice, to force the former president to reveal if he plans on using a defense that he was merely relying on advice of his lawyers during the trial. In court filings, Cannon rejected federal prosecutors "motion to compel disclosure regarding advice-of-counsel defense," while saying such a request is "not amenable to proper consideration at this juncture."
Her refusal has since sparked backlash online as she faces criticism over her decisions on the case and is accused of failing to enforce a routine deadline, amid claims the former president is hoping to delay the trial until after the 2024 election.
Newsweek has reached out to the Department of Justice and Trump via email and Cannon's office via phone for comment.
Former President Donald Trump is seen in Des Moines, Iowa, on Wednesday. The judge overseeing Trump's federal classified documents case has refused Department of Justice special counsel Jack Smith's request of a discloser regarding the former president's "advice-of-counsel defense" during the trial, sparking criticism online. KAMIL KRZACZYNSKI/AFP/Getty Images
Joyce Vance, a former U.S. attorney for the Northern District of Alabama during the Obama administration, took to X, formerly Twitter, about the decision and wrote, "In the Mar-a-Lago case, Judge Cannon has just refused to enforce a routine deadline & it's entirely clear she has no intention of letting this case go to trial before the election or possibly ever."
Vance previously pointed to Cannon on MSNBC's The Katie Phang Show last week while being asked about the speed at which Trump's cases are being moved forward.
"So I think this is the key question because Trump's overall strategy is one of delay, get everything past the election, hope that you win and you can resolve everything from the oval office in your favor. And I think it's been a little baffling to watch some of the judges like Aileen Cannon in the Florida Mar-a-Lago related criminal prosecution, where she has been playing slow ball trying to keep that case from going anywhere," she said.
Writer and lawyer Amee Vanderpool also alleged the judge will draw out the case and wrote on X, "Cannon continues to protect Trump and make sure this case is drawn out past the 2024 election."
X user 73RDARM asked why Cannon has not been removed from the case, "I don't understand why @TheJusticeDept doesn't ask for Judge Cannon to be removed. This is beyond ridiculous and disgusting."
Another X user Modern Man commented, "Judge Cannon is an unqualified law hack. She had no experience, appointed by Trump out of her loyalty. She believes The Big Lie.The US never had a law against POTUS being tried by their appointee bc we never had a POTUS try to end democracy. Now we have, & now we do!"
This comes as Cannon has previously faced calls to recuse herself from the case in which she was randomly selected to oversee because she has already made a number of decisions that could be seen to have benefited Trump.
The judge previously handed down a decision that meant that Trump would not have to testify under oath his unsubstantiated claim that the FBI may have "planted" evidence against him during its August 2022 raid at Mar-a-Lago.
Another ruling from Cannon also meant that Trump would not have to state which of the materials recovered from Mar-a-Lago had allegedly been declassified before he left the White House.
Meanwhile, the former president has long been accused of trying to delay not only the federal classified documents case, but other election trials. If he wins the 2024 election, he could call on the DOJ to drop the federal investigations into him once he enters office in January 2025, or pardon himself as president if he is convicted beforehand.