Court That Can Remove Aileen Cannon 'Wants Her Out': Legal Analyst

The appeals panel overseeing Judge Aileen Cannon's court would love to have her removed from former President Donald Trump's classified documents case, a legal analyst said.

Harry Litman, a former federal prosecutor and Democrat Party supporter, said that Cannon's ruling on a potential Trump gag order could lead to an appeal. He said that the 11th Circuit Appeals Court, which covers Florida, would like to remove Cannon from the case and appoint a new judge.

However, he told CNN's Jim Acosta on Thursday that removal would lead to further delays in the case.

Former President Donald Trump gives the keynote address at Turning Point Action's "The People's Convention" on June 15 in Detroit, Michigan. Aileen Cannon, the judge in Trump's classified documents case in Florida, is holding a... Former President Donald Trump gives the keynote address at Turning Point Action's "The People's Convention" on June 15 in Detroit, Michigan. Aileen Cannon, the judge in Trump's classified documents case in Florida, is holding a hearing on whether the former president should be placed under a gag order. More Bill Pugliano/Getty Images

Trump is facing 40 federal charges over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He is also accused of obstructing efforts by federal authorities to retrieve them. Trump has pleaded not guilty to all charges.

Newsweek contacted Trump's attorney and Cannon's office for comment on Friday.

Cannon, a Trump appointee, has been sharply criticized by legal analysts for long delays in the classified documents case.

On CNN, Litman was also critical of Cannon's full-day hearing on Friday to decide if Jack Smith should remain as prosecutor in the case. He said Cannon was having an evidentiary hearing, in which witnesses will be called to give evidence about whether Smith was legally appointed as special counsel in the case. Litman said that it should be a "straightforward case of law."

"I don't know why she's holding an evidentiary hearing. Lord only knows what evidence she wants to take," he said, noting that she is allowing external 'friend of the court' expert evidence on Trump's behalf. Certainly this is a recipe for delay."

Litman was a legal adviser to Democrat candidate John Kerry in the 2004 presidential election and has been a vocal Trump critic.

Cannon will hold a separate hearing on Monday to determine if Trump should be placed under a gag order for his comments about the FBI's execution of a search warrant at Mar-a-Lago in August 2022 that led to the indictment.

Trump claimed the FBI was willing to use lethal force against him and his family. That came after a search warrant application became public. In it, an FBI agent told the court that the agents were trained in using lethal force—a standard legal formula that is used in thousands of FBI search warrant requests a year.

Litman said that if Cannon rules in Trump's favor, it may be appealed to the 11th Circuit, which may give the appellate judges the opportunity to remove Cannon from the case.

Former Judge Jeff Swartz told Acosta on the same show that the right to appoint a special counsel has been tested in the courts "over and over and over again" and that Cannon could simply have adopted previous rulings without the need for an evidentiary hearing.