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Amicus Brief Argues for Removal of Judge From Trump Classified Documents Case

9/3/2024

Keker, Van Nest & Peters of counsel Steven Hirsch authored an amicus brief in the appeal of a federal judge’s dismissal of the Trump documents case. Filed by Citizens for Responsibility and Ethics in Washington, the brief argues that if the 11th U.S. Circuit Court of Appeals reverses Judge Aileen Cannon's judgment dismissing the case, the court also should order the case reassigned to a different judge on remand because Cannon’s decisions and conduct would make a reasonable member of the public doubt her impartiality. 

"A reasonable member of the public could conclude, as many have, that the dismissal was the culmination of Judge Cannon's many efforts to undermine and derail the prosecution of this case," the amicus brief read. 

"Before administering the coup de grâce that ended the case, Judge Cannon failed to resolve numerous pretrial motions and issues, leading many to suspect—rightly or wrongly—that she hoped the case would meet its doom in a second Trump administration," the group continued in the brief, highlighting a "strong pattern of delay." 

Citizens for Responsibility and Ethics in Washington was joined by retired federal judge Nancy Gerner and legal scholars Stephen Gillers and James Sample in filing the brief.  

The legal filing was covered by several media outlets, including  Pro Publica, NPR, Axios, CNN and Salon.