Retired federal judge says Judge Cannon appears to show 'favoritism' toward TrumpExBulletin

A man wears a mask of former President Donald Trump outside a courthouse in Fort Pierce, Florida. Joe Raedle/Getty Images .

switch captionJoe Raedle/Getty Images

Judge Aileen Cannon, who is overseeing the classified documents case against former President Donald Trump, continues to make decisions that baffle many legal observers.

Last month, Cannon indefinitely delayed the start of the trial. It took him months to make routine procedural decisions.

Trump is accused of taking classified and top-secret documents with him to Mar-a-Lago after leaving the White House and then participating in a plot to hide documents from federal investigators.

The Trump trial team wanted to know how someone who served on the federal bench viewed Cannon's rulings, so we called retired federal judge Shira Scheindlin. Appointed by President Bill Clinton, she served as a federal judge for more than two decades.

NPR reached out to Judge Cannon's office for a response and received a statement from his court that their judges do not comment on pending cases.

This interview has been lightly edited for length and clarity.

Interview Highlights

Scott Detrow: What is the main thing that stood out to you about the way Judge Cannon handled this case, as you observed?

Shira Scheindlin: What struck me the most was how she constantly delayed the case instead of moving it forward. She did it, I would say, in two ways. One of them is his inability to govern effectively. She clings to the movements. She keeps them waiting. She can't decide things. The more experienced judges, which of course I considered myself after 27 years, are trying to figure out which motions really need further consideration and argumentation and which ones, you know, you might instinctively say bluntly one word: denied. And you can govern from the bench.

The second thing that strikes me is what seems to me to be his dislike of government and his favoritism toward defense. I'm not saying this will ultimately determine how she governs everything, but she seems to have a visceral dislike for Jack Smith and his team. She constantly criticizes them. She is constantly acerbic and sarcastic with them, and she almost never treats the defense that way.

Detrow: I want to ask about decision making, the first thing you talked about. Because a lot has been said in this trial about classified documents, about the fact that classified documents cases are going to take longer than other types of cases because there are big, important questions that must be resolved in terms of procedure and manner of proceeding. things will be introduced in the eventual trial. You're saying that this goes beyond that, that it's just a lot of fundamental questions that are being asked of her that she hasn't answered, that you find striking?

Scheindlin: I'm saying that when you have a case that involves highly classified documents, it's more complex to review those documents. They must be carried out in a safe space. So it's complicated, I understand that. But that's not a complete defense of how long it will take to move this case forward. Although it is complicated, it has been done many times. She was just ineffective.

Detrow: We all know that President Trump's legal strategy is to delay this case in the hopes that, if he is re-elected president, he can end the case against him. From everything you've seen, do you have a hunch as to whether or not this is an experience issue with Judge Cannon or whether or not it's a finger on the balance, to try to reduce these delays?

Scheindlin: I'm not sure those are two different choices. They can be combined in one's mind. I think she is inexperienced and I think that makes her insecure in her decisions. She is hesitant. But the motivation may have to do with intentionally delaying enough to make sure it doesn't play out before the election. I'm not saying there's a bad reason for this. There have been commentators who have said, you know, if he's president, he'll elevate it to a higher court and all that. I don't think that sounds like a quid pro quo.

But maybe she's just saying, “That can wait until after the election.” I don't want this to affect the election, so I'll take my time. » It may be intentional, I don't think so, but I have the feeling that she is inexperienced and insecure.

Supporters and non-supporters of former U.S. President Donald Trump stand outside the Alto Lee Adams Sr. U.S. Courthouse on March 14 in Fort Pierce, Florida. Trump visited the courthouse for his case before District Judge Aileen Cannon. Joe Raedle/Getty Images .

switch captionJoe Raedle/Getty Images

Detrow: What do you think is the appropriate way to handle in your courtroom a criminal defendant who is a former president of the United States and is running for president again? Do you think a judge in this position should think about the fact that there are elections? And do the American people deserve a verdict before this election, or is that just something that doesn't matter to you in a criminal court?

Scheindlin: I don't think it's important to me. I think you're doing your job. So when I think about Judge Merchan, I don't think he was trying to rush to get this done before the election so the electorate would know whether this guy is a criminal or not. And I'm not sure he's intentionally going slow to avoid the public knowing. It's just that you know how to run a criminal trial because you're experienced and you're a good, organized judge, and it seems like that's not the case. But that said, you never know what's in the back of someone's mind. I think it's more about knowing how to run a complex trial.

Detrow: I wonder how concerned you are right now about the rule of law in this country and the different ways in which it is under attack from all sides. You have a former president who says it's a rigged system, it's a political system, people are trying to accuse him of crimes to keep him from being president. There are many liberal-leaning voters in this country who are deeply cynical about the United States Supreme Court. You have a president's son who has just been sentenced in another federal courthouse and then all kinds of Republican criticism happens there. I feel like in every direction you come from, there are serious and real criticisms of the rule of law in this country, whether good or bad. And I wonder how worried you are, in this country founded on the rule of law, about all this partisan criticism right now?

Scheindlin: I think partisan criticism has affected the public's perception of the validity of the justice system. I think they have lost a lot of confidence in the United States Supreme Court because of what has been revealed about Justices Alito and Thomas. But the system actually worked quite well in the monetary hush trial and the Hunter Biden case. I might not have agreed with either outcome but the jury system worked and made a decision and everyone is treated the same and that's a good thing, whether your last name is Biden or your last name is Trump.

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