Judge Aileen Cannon declined to rule on a motion filed by Trump’s lawyers on Wednesday to dismiss special counsel Jack Smith’s indictment of the former president on the grounds that it had technical flaws, once again pushing back an already long-delayed trial. CNN reports that while Cannon appeared unconvinced by their argument, she raised concerns that the jury might not understand the nuances of the case.
Cannon’s stalling provoked criticism from former Trump White House lawyer turned Trump critic Ty Cobb, who criticized her “incompetence” and “perceived bias” and suggested that most jurors won’t “have the difficulty that she perceives.”
“I don’t think this case will move at all,” Cobb told CNN’s Erin Burnett. “And I think the fact that she’s scheduling hearings, multiple hearings, sort of one or two motions at a time is compelling evidence of that. Most federal judges would have long ago ruled on all the pending motions. And frankly, this is a case that should’ve started trial yesterday or two days ago when the original trial date was set.”
Cobb has been a prominent critic of Cannon, a Trump appointee, since proceedings began last June. Earlier this month, he said that she was “not capable of ruling intelligently” after Cannon indefinitely postponed the case on the grounds that there were too many pretrial matters to be resolved. Last month, he suggested that Cannon’s “partiality” would get her removed from the case.
In March, when Cannon requested proposed jury instructions based on Trump’s widely-rejected interpretation of the Presidential Records Act that government material was his personal property, Cobb criticized her “remarkable misunderstanding of the applicable law” and said her handling of the case was “embarrassing.”
Before the motion filed on Wednesday, there were already five other motions by Trump’s lawyers to dismiss the case that Cannon has not yet ruled on. Unless Cannon decides to pick up momentum, the trial is unlikely to take place before the 2024 election. Former President Donald Trump, who has lashed out repeatedly against the prosecutors and their case, could have the case thrown out if he returns to the White House.