Aileen Cannon Could Be in Jeopardy

If U.S. District Judge Aileen Cannon were to grant a request from Donald Trump's legal team for access to special counsel Jack Smith's filing about classified materials the government wants deleted from shareable discovery, it could lead to her recusal, according to a legal expert.

On Wednesday, Trump's legal team filed a motion requesting that the former president's attorneys should have access to all submissions filed under Section 3 of the Classified Information Procedures Act by Smith's office.

"Given the security clearances that have been extended to President Trump and counsel, and the volume of classified discovery produced to date, there is no case-specific reason for ex parte proceedings," the team wrote in the filing. (An ex parte proceeding occurs at the request of and for the benefit of one party, usually without the knowledge and participation of another party.)

Trump is facing dozens of felony charges accusing him of illegally retaining classified documents at Mar-a-Lago, his estate in Palm Beach, Florida, and hiding them from government investigators. The charges include retaining classified information, obstructing justice and making false statements, among other crimes. He pleaded not guilty to the charges in June. The trial is set for May 20, 2024, but could be delayed.

The special counsel's office declined to comment on the motion from Trump's legal team. A spokesperson told Newsweek that the office, which is overseen by the Department of Justice (DOJ), will "respond to the filing at the appropriate time in court."

Newsweek has contacted two Trump attorneys for comment via email.

Brandon Van Grack, a national security lawyer, said on social media that such motions "are almost always filed ex parte (not provided to defense counsel)."

But "if access is granted, expect DOJ's first appeal in the case," Grack wrote in a post on X (Twitter).

Joyce Vance, a former U.S. attorney in Alabama, responded to Grack's tweet by saying such a ruling from Cannon, a Trump appointee who has faced criticism for issuing rulings favorable to the former president, would likely lead to Smith moving to have Cannon removed from the case.

"Not only would there be an appeal, but it would give rise to grounds to ask the court to direct Judge Cannon's recusal," Vance wrote. "She's likely to follow the law unless she really wants to go through that process. The real question is, how long will it take her to rule?"

Newsweek has contacted Vance for further comment via email.

Legal experts have previously told Newsweek that Smith would face major hurdles in removing Cannon from the case.

Cannon has previously drawn scrutiny for granting Trump's request for a special master to review the classified documents seized from Mar-a-Lago. That decision was later reversed by a unanimous three-judge appeals panel.

The Mar-a-Lago documents case is one of four criminal cases Trump is facing as he campaigns to return to the White House. A trial is set for March 4, 2024, in Washington on federal charges related to efforts to overturn the 2020 presidential election.

He is also charged in Georgia over his efforts to overturn that state's vote in the election, as well as in New York in connection with a hush money payment made to an adult film actress during the 2016 presidential campaign.

Trump has pleaded not guilty and denied wrongdoing in all of the cases and says they are part of a politically motivated effort to derail his 2024 campaign.