Judge Aileen M. Cannon will preside over a hearing on Friday in former President Donald J. Trump’s classified documents case, considering well-trod arguments about an arcane legal issue in an unorthodox manner.
Her handling of the case has raised eyebrows among legal scholars, with many questioning her decisions that seem to favor Mr. Trump’s defense. The latest issue at hand is a motion by the defense to dismiss the charges on the grounds that the special counsel, Jack Smith, was improperly funded and appointed.
The defense argues that Mr. Smith’s appointment was not in line with standard procedures for federal officers, while Mr. Smith’s deputies defend his appointment under the appointments clause of the Constitution.
While the subject may seem technical, the fact that Judge Cannon is considering the constitutionality of Mr. Smith’s appointment is unusual. She has decided to hold an expansive hearing over two days, allowing outside parties to argue their case in front of her.
Judge Cannon’s tenure has been marked by unconventional decisions, such as ignoring the common practice of delegating routine motions to a magistrate judge. She has also made puzzling orders, like requesting draft instructions for the jury that seemed to align with Mr. Trump’s defense.
Her decision to hold hearings on minor pretrial issues, like granting a bill of particulars to Mr. Trump’s co-defendants, is atypical. Judge Cannon’s recent order to postpone the trial date, citing a 2013 essay, adds to the unpredictability of her handling of the case.
