Did Judge Cannon just give Jack Smith a reason to have her replaced on Trump documents case?

[Wicked Blue]

By Matt Arco | NJ Advance Media for NJ.com

Donald Trump scored a massive legal victory Monday after the judge in his classified documents criminal case dismissed it altogether.

U.S. District Judge Aileen Cannon granted the defense motion to dismiss the case on Monday.

Lawyers for Trump had argued that special counsel Jack Smith was illicitly appointed and that his office was improperly funded by the Justice Department.

...

“This is insane & will not only be reversed by the 11th Circuit but may result in the ouster of Judge Cannon,” Norm Eisen, a legal analyst and senior fellow at Brookings Governance, posted to X with a link to a piece he helped pen, “Aileen Cannon’s Previous Rulings About Trump Demand Her Recusal.”

https://www.nj.com/politics/2024/07/did-judge-cannon-just-give-jack-smith-a-reason-to-have-her-replaced-on-trump-documents-case.html

(paywall)

[ColinC]

1. Basically

My theory has been if she dismisses it he c an appeal it to the higher court who could hold the trial instead.

Based on absolutely no legal understanding of this system of course -so perhaps somebody can explain how flawed that idea is.

[Ms. Toad]

3. Ann appellate court reviews the work of a lower court.

It cannot do the work itself.

So the appellate court can review her decision to dismiss the case, but it cannot step in and hold the trial itself.

[ColinC]

6. Thank you!! Do you know if it can send it to another lower judge for the case to be tried?

Thanks in advance!!

[Ms. Toad]

8. Ordinarily, it would be remanded (sent back down) to the same court.

To get it handled by another judge would be unusual - and would require removing her from the case (which isn't easy).

[Fiendish Thingy]

2. She has effectively recused herself from any future trial

She has dismissed the charges, so IMO she has already removed herself.

We shall see.

[Bev54]

4. I am not even sure I want him to take the chance with 11th circuit

the way people are falling in the judicial system, I would rather he refile in a different jurisdiction. Somebody is getting to these judges.

[CanonRay]

5. This case was making her work too hard

IMHO. Now she doesn't have to work on all the piled up motions.

[chouchou]

7. If it were up to me, I'd put her ass in jail for...

...just being a "Corrupt Nuisance".
Every time there's a news item, regarding her disgusting actions, a piece of my peace droops

[FBaggins]

9. What Trump documents case?

It was just dismissed.

Smith will have to appeal that decision prior to asking for the judge to be replaced on the case.

[Kid Berwyn]

10. Maybe Aileen thought it would cancel the "silver lining" evidentiary hearing?

If there's no trial at all, there can't be any evidence to examine.

She's so brillyant.