During Monday’s CNN This Morning, host Erica Hill and senior legal analyst Elie Honig attempted to stigmatize and discredit Judge Aileen Cannon, who will preside over former President Trump’s indictment in the classified documents scandal. They doubted her ability to be impartial since Trump appointed her to the federal bench and discussed possible reasons for the Department of Justice to pressure her to recuse herself from the case.
“There is a lot of discussion this morning about the federal judge assigned to oversee this case. It's a name that is familiar to Donald Trump. In fact, he appointed her to that role,” Hill said, beginning the conversation by implying a conflict of interests.
“I suspect Donald Trump's team was delighted when they saw Judge Cannon. I suspect prosecutors less so,” Honig said, confirming Hill’s implications and casting doubt on the Judge’s impartiality. “Now, she's fairly young for a federal judge. She graduated law school in 2007. She's 42 years old. Apparently, I'm older than federal judges now. I don’t know when that happened,” Honig noted and Hill laughed along at his joke about the judge’s youth.
Honig noted that Cannon clerked for a conservative judge in the past. Additionally, he discussed in detail a previous case where Cannon approved Trump’s request for a special master to review documents. The 11th Circuit Court of Appeals struck down this decision. “Let me translate that,” Honig insisted. “It means she went out of her lane. She did more than she’s allowed to do as a judge.”
“So there’s a little history as you point out. You can't pick the judge. You get the judge. This likely makes the Trump team happy,” Hill contributed, again implying that Cannon would favor Trump.
“Do you see a scenario at all where DOJ would say, maybe there's a conflict of interest here?” Hill asked Honig, as if this point was not an overarching theme of their conversation.
Honig was unsure if the DOJ would remove Cannon, but he suggested Cannon take herself off the case. “Judges all the time say, I have a conflict of interest, I'm out. They just assign it to another one. Or, DOJ can make a motion and say, ‘Judge, this is a little awkward, but we think you ought to recuse yourself, and here's why,’” he stated.
However, while Honig clearly thought the judge was partial, he did not think there was “quite enough” evidence to prove it:
[block quote] “Well first, there’s the point that she was a Trump nominee. We've never had this before, because we've never had a president capable of appointing federal judges as a defendant. My – my suspicion is that’s not going to be enough. Or they could say you had that prior ruling, but usually giving a prior ruling in favor of somebody and then getting reversed is not quite enough for a conflict of interest, but we’ll see. This could be the first time we see this.”
While Honig concluded that there was not enough substance to recuse Cannon, Hill and Honig repeatedly highlighted her appointment by Trump, clerkship for a conservative judge, age, and previous rulings to undermine her credibility. They openly discussed reasons she might not be fit to preside and implied she should recuse herself because of her conservative ties. However, CNN did not have a problem with liberal Supreme Court Justice Sonia Sotomayor refusing to recuse herself from a case directly involving the publisher of her book. Once again, CNN evaluated conservatives with hasher standards.
Neutrogena sponsored CNN's biased coverage of Judge Aileen Cannon.
The Transcript is below, click "expand" to read.
CNN This Morning
6/12/23
8:07 AM EasternERICA HILL: There is a lot of discussion this morning about the federal judge assigned to oversee this case. It's a name that is familiar to Donald Trump. In fact, he appointed her to that role. And it's a name likely familiar to you as well. Judge Aileen Cannon. You may remember that name because she, of course, oversaw the legal fight following the FBI’s search of Mar-a-Lago last summer.
CNN senior legal analyst Elie Honig joining us now. He’s also a former assistant U.S. attorney for the Southern District of New York and a federal and New Jersey state prosecutor. So, we have talked about this judge before, refresh our memories. What more do we know about her, about her experience, her background?
ELIE HONIG: So Erica, anytime the judge gets wheeled out or assigned in a case, that is a moment of great suspense for the parties. You're holding your breath, hoping you get a good judge. I suspect Donald Trump's team was delighted when they saw Judge Cannon. I suspect prosecutors less so.
Now, she's fairly young for a federal judge. She graduated law school in 2007. She's 42 years old. Apparently, I'm older than federal judges now. I don’t know when that happened. She then did a clerkship for a conservative federal judge, and then she was a big firm lawyer in private practice. She then spent seven years as a federal prosecutor in the Southern District of Florida. So, she understands how criminal trials work. And then she was nominated to the federal bench by who? Donald Trump in 2020. She was confirmed by a 56 to 21 vote in the Senate, including 12 Democrats who voted "Yes."
Now, as you said, if people recognize this name, it's because she was involved earlier, after the August search of Mar-a-Lago. Donald Trump went to court and asked for a special master to review the documents for privilege or any other issue before they went over to DOJ. That case went to Judge Cannon. She gave Trump the special master. But then DOJ appealed, and the 11th Circuit Court of Appeals rejected, reversed her in pretty staunch terms.
They - the 11th Circuit wrote that Judge Canon had quote “improperly exercised equitable jurisdiction.” Let me translate that. It means she went out of her lane. She did more than she’s allowed to do as a judge. And the 11th Circuit Court of Appeals wrote, “The law is clear, we cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”
So Judge Canon does have some history on this case already.
HILL: So there’s a little history as you point out. You can't pick the judge. You get the judge. This likely makes the Trump team happy.
HONIG: Yes.
HILL: Do you see a scenario at all where DOJ would say, maybe there's a conflict of interest here?
HONIG: Big question here. So, if anyone is going to make a motion to recuse the Judge, to move her off the case. The Judge herself can do that. Judges all the time say, I have a conflict of interest, I'm out. They just assign it to another one. Or, DOJ can make a motion and say, Judge, this is a little awkward, but we think you ought to recuse yourself, and here's why.
Could there be a potential conflict of interest? Well first, there’s the point that she was a Trump nominee. We've never had this before, because we've never had a president capable of appointing federal judges as a defendant. My – my suspicion is that’s not going to be enough. Or they could say you had that prior ruling, but usually giving a prior ruling in favor of somebody and then getting reversed is not quite enough for a conflict of interest, but we’ll see. This could be the first time we see this.
HILL: Alright, Elie, appreciate it.
