Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida threw a wrench into Special Counsel Jack Smith’s efforts to accelerate the investigation into former President Donald Trump’s classified documents case. She issued an indefinite suspension on Tuesday, citing legal disputes over classified evidence. The trial, which Smith aimed to resolve before the November 2024 election, has now been postponed until at least late July.
Syracuse University law professor Greg Germain, a liberal legal expert, reacted to the news, explaining the uphill battle Smith will face in trying to overturn Cannon’s order. “Jack Smith is clearly frustrated, but seeking to remove a judge or overturn a scheduling order would not be easy,” Germain said to Newsweek.
The decision has sparked frustration among Democrats and even some Republicans who were counting on a trial resolution before Election Day. But Germain laid out the reality check for Smith. “He could file an interlocutory appeal request, but it would be up to the appellate court whether they would hear it. It would be very hard to overturn a scheduling order because courts have broad control over their own calendars.”
Judge Cannon’s approach to jury instructions also remains a sticking point. Her proposed instructions could lead the jury to conclude that Trump had the right to retain the documents, which Smith vehemently opposed. When Smith pushed back on this interpretation, Cannon criticized his objections as “unprecedented and unjust,” further solidifying her position and complicating Smith’s path forward.
Peter Shane, a New York University law professor, voiced concerns about the slow progress of the case under Cannon’s oversight. “Anyone observing the snail’s pace at which Judge Cannon has been handling the documents case will not be surprised by her decision to suspend proceedings,” Shane told Newsweek.
This indefinite suspension undermines Smith’s priority of securing a verdict before voters head to the polls in 2024. But Germain pointed out that the suspension, while provisional, will likely remain intact due to the inherent difficulty of overturning such orders.
With this trial timeline up in the air, Trump could benefit significantly if elected. His re-election could allow him to appoint a favorable attorney general to drop the case or even pardon himself entirely. Smith remains determined to challenge Cannon’s jury instructions and is prepared to appeal should she not amend her approach. However, Germain’s analysis reflects a reality check for Smith: overturning this indefinite suspension won’t be easy, and the trial’s outcome may remain unresolved for some time.
Smith was appointed to investigate Trump regarding his actions surrounding the 2020 presidential election and his handling of classified documents after leaving office. The investigation focuses on two primary areas. The first area pertains to Trump’s involvement in the events of January 6, 2021, when his supporters breached the U.S. Capitol. Smith’s team was looking into Trump’s actions leading up to and on that day, investigating whether he or his associates engaged in activities that obstructed the peaceful transfer of power or interfered with the certification of the electoral vote.
The second part of Smith’s probe involved Trump’s handling of classified documents. After leaving the White House, Trump took documents marked as classified to his Mar-a-Lago residence in Florida. Federal authorities recovered these materials during a search, raising concerns over potential violations of the Presidential Records Act and federal laws regarding classified information.