Was controversial pro-Trump judge taken off high stakes case?

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Andrew Stanton

By Andrew Stanton

Reporter

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U.S. District Judge Aileen Cannon will not preside over former President Donald Trump's historic arraignment in Miami on Tuesday in the Department of Justice's (DOJ) classified documents case.

Trump is expected to be arraigned on 37 counts ranging from willful retention of classified documents to obstruction charges in connection to the DOJ probe into whether he mishandled classified documents after leaving office in January 2021. Federal prosecutors are accusing the former president of mishandling sensitive presidential records and obstructing government efforts to retrieve them. Trump, however, has maintained his innocence, accusing prosecutors of investigating him for political reasons.

The Miami Herald reported on Monday afternoon that Magistrate Judge Jonathan Goodman, rather than Cannon, will preside over Trump's highly-anticipated arraignment.

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Cannon, who was appointed to the court by Trump, was randomly assigned as the lead judge to oversee the case. However, she is facing calls to recuse herself from the case over allegations of bias toward the former president. In addition, critics and legal analysts have argued her past rulings involving Trump were incorrect and overly favorable to him.

Donald Trump Arraignment Judge

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For instance, the 11th Circuit Court of Appeals ruled this past December that Cannon "improperly exercised equitable jurisdiction" in a decision granting Trump's request for a special master to oversee the case.

Even though Cannon is not set to preside over Trump's arraignment, she is still the judge assigned to oversee the case. Goodman will only preside over arraignment and bond matters, according to the Herald.

The newspaper described Goodman as a "a well-regarded veteran magistrate" who is known for his "legal wisdom" as well as a "wry humor in the courtroom."

Former federal prosecutor Neama Rahmani previously told Newsweek that Cannon is a "favorable draw" for Trump and that DOJ would have a difficult time removing her from the case, as they would be required to reach a "high standard" for her disqualification.

Cannon's ruling allowing for a special master in the classified documents case was seen as a legal win for Trump. She chose Raymond Dearie, one of two names suggested by Trump's legal team, for the role. It also prevented prosecutors from examining the documents retrieved by FBI agents from Mar-a-Lago, thus slowing down the case. Her ruling, which was overturned, sparked calls for her impeachment last December.

Laurence Tribe, professor emeritus of constitutional law at Harvard University, previously told Newsweek that Cannon should resign over her history of "pro-Trump interventions."

"For her to re-emerge as the judge presiding over this historic trial would cast a long shadow over a proceeding that should be, and should be seen to be, entirely unbiased and legally sound," he said.

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