They suggested that it might be more appropriate for another judge to preside over the case. However, Judge Cannon, a Trump appointee, declined their requests and chose to retain the case.
The assignment of Judge Aileen M. Cannon to preside over former President Donald J. Trump's case has sparked interest due to her limited trial experience and perceived bias in favour of Mr. Trump.
New York Times reports that following her assignment in June 2023, two experienced fellow judges on the Florida federal bench reportedly encouraged her to recuse herself and reassign the case to another judge, according to individuals familiar with the matter.
According to two individuals familiar with the matter, Judges Cecilia M. Altonaga, the Chief Judge of the Southern District of Florida, and another judge approached Judge Aileen M. Cannon, urging her to consider recusing herself from the high-profile case involving former President Donald J. Trump.
They suggested that it might be more appropriate for another judge to preside over the case. However, Judge Cannon, a Trump appointee, declined their requests and chose to retain the case.
Her decision raised concerns due to her limited trial experience and a previous instance where she had ruled in favour of Trump, a decision that was later overturned by a conservative appeals court panel in a strongly worded rebuke.
The previously unknown attempt by Judge Cannon's colleagues to persuade her to recuse herself adds a new layer to the growing scrutiny surrounding her handling of the case. This development highlights the concerns within the judiciary regarding her ability to preside over the case impartially.
The report noted that Judge Cannon has departed from the typical practice in the Southern District of Florida, where federal judges often assign pretrial motions to a magistrate judge, such as Judge Bruce E. Reinhart, who has more experience and is subordinate to her.
Notably, Judge Reinhart signed the FBI warrant to search Mar-a-Lago, Mr. Trump's residence, for sensitive government documents in 2022. Since then, Judge Cannon has demonstrated a slower pace in handling pretrial motions, has yet to set a trial date despite both parties' readiness, and has shown hostility towards prosecutors.
This has effectively delayed the trial, aligning with Mr. Trump's lawyers' strategy to postpone it until after the election. If Mr. Trump wins the presidency, he could potentially order the Justice Department to dismiss the case.
Despite requests for comment, neither Judge Cannon nor Judge Altonaga directly responded. The clerk of the district court, Angela E. Noble, later stated via email, "Our judges do not comment on pending cases," indicating that they will not provide any further information on the matter.
The two individuals familiar with the matter declined to name the second federal judge in Florida who approached Judge Cannon.
One of them confirmed that an effort was made to persuade Judge Cannon to recuse herself, but did not provide specific information about the conversations. The other individual provided more detailed information about the attempts to persuade Judge Cannon to step aside.
According to reports, Chief Judge Altonaga, a appointee of former President George W. Bush, made a straightforward argument: It would be perceived as inappropriate for Judge Cannon to preside over the trial due to her previous involvement in the criminal investigation that resulted in Mr. Trump's indictment on charges related to mishandling national security documents and obstructing efforts to recover them.
In August 2022, the FBI obtained a search warrant from Judge Reinhart to search Mar-a-Lago for classified documents subpoenaed from Mr. Trump.
The search uncovered thousands of government files, including over 100 marked as classified, that should have been transferred to the National Archives upon his departure from office.
Mr. Trump subsequently filed a lawsuit contesting the seizure, claiming the materials were personal property, and requested a special master to review them. Departing from standard procedure, Judge Cannon took on the case instead of Judge Reinhart.
Her decision to bar investigators from accessing the evidence and appoint a special master surprised legal experts across the ideological spectrum. Notably, Judge Cannon's intervention occurred before any charges were filed, affording Mr. Trump unusual treatment due to his former presidency.
Additionally, she instructed the special master to consider applying executive privilege to certain seized files, a notion widely viewed as dubious in a criminal case.
Prosecutors appealed to the 11th Circuit Court of Appeals in Atlanta, which overturned Judge Cannon's ruling.
Mr. Trump's legal team appealed to the Supreme Court, but it declined to hear the case.
In December 2022, Judge Cannon dismissed Mr. Trump's lawsuit, and six months later, a grand jury in Miami indicted him on charges related to mishandling sensitive documents at Mar-a-Lago.
Following standard procedures, the new case was assigned to Judge Cannon's court in the West Palm Beach division, which covers Mar-a-Lago.