DOJ Reportedly Blocked Special Counsel's Attempt to Remove Judge Cannon in Trump Documents Case

A recent social media post by Pulitzer Prize-winning investigative reporter Carol Leonnig claims the Department of Justice (DOJ) under Attorney General Merrick Garland blocked Special Counsel Jack Smith's efforts to remove Judge Aileen Cannon from the classified documents case against former President Donald Trump. According to Leonnig's post, the Solicitor General (SG) rejected Smith's push to have Judge Cannon recused due to alleged bias. This assertion, if confirmed, marks a significant internal development within the high-profile legal proceedings.

Judge Aileen Cannon, a Trump appointee, has faced considerable scrutiny and criticism from legal experts regarding her handling of the classified documents case. Her past rulings, including an order to appoint a special master to review seized documents—a decision later overturned by an appeals court—have led to accusations of favoring the defense. Despite ongoing calls for her recusal from various commentators, Judge Cannon has continued to preside over the case.

Public reports, however, indicate that Special Counsel Jack Smith's team has not, as of recent disclosures, filed a formal motion to recuse Judge Cannon. Instead, prosecutors have reportedly focused their strategy on challenging her rulings through the appellate courts, opting for a cautious approach given the high legal bar for judicial recusal. This contrasts with the specific claim made in Leonnig's social media post regarding an active effort by Smith to remove the judge.

The Solicitor General's office primarily represents the U.S. government before the Supreme Court and supervises appellate litigation. While the Solicitor General may be consulted on significant legal questions or strategic decisions within the Justice Department, direct involvement in a trial court recusal motion initiated by a Special Counsel is not a standard, publicly documented procedure. Oversight of Special Counsel actions and the ultimate decision to overrule them typically rests with the Attorney General.

Should Leonnig's claim prove accurate, it would highlight internal tensions within the Justice Department concerning the prosecution of a former president. The classified documents case remains a central legal challenge for Donald Trump, with any decisions regarding judicial impartiality carrying substantial implications for the trial's trajectory and public perception of justice. The alleged intervention by the DOJ and the Solicitor General underscores the complex and sensitive nature of the proceedings.