Former Assistant U.S. Attorney Andrew Weissmann said on MSNBC’s “Ana Cabrera Report” on Monday that Judge Eileen Cannon’s dismissal of former President Donald Trump’s classified documents lawsuit in Florida presents an “opportunity” for the 11th Circuit Court of Appeals to remove Cannon from office if it finds the lawsuit frivolous.
“I think what Barb said is very important as we think about next steps because this is not a substantive decision, it’s a decision about the procedure that was used. I think the bulk of the law, the balance of the law, is totally against Judge Cannon, but this is an issue that the 11th Circuit or the Supreme Court can resolve,” Weissman said.
He added, “This is also an opportunity for the 11th Circuit to remove Judge Cannon if it believes this is particularly frivolous – a decision that has been rejected by three courts in D.C. and the Eastern District of Virginia. It could also be an opportunity for Jack Smith to consider filing these charges elsewhere.”
Weissman added, “A lot of people have criticized him. I’m not one of them. I think he acted honestly and brought charges based on actual facts. He has so many options now. The biggest drawback, the delay, was already in the case because it was before Judge Cannon. In many ways, this is a good thing.”
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