Jack Smith Files Appeal of Judge Cannon's Dismissal of Trump's Case BUT WHY No Motion to Remove Her?

so friends in the wake of special counsel Jack Smith filing his appeal urging the appeals court to reverse judge aen Cannon's Lawless ruling dismissing Donald Trump's classified documents case in the wake of Jack Smith filing his brief you all have flooded The Zone with one question and it is exactly the right question to ask why in the world has Jack Smith not filed a motion to remove judge aen cannon from continuing to preside over Donald Trump's case let's talk about that because Justice matters [Music] hey all Glen kersner here so friends as you probably know by now Jack Smith filed his brief urging the 11th Circuit Court of Appeals based on the law based on the precedent urging the appeals court to reverse judge aen Cannon's Lawless ruling dismissing Donald Trump's classified documents obstruction of justice as Espionage case the reason I say it was a lawless ruling is because it had no support in the law indeed it contradicts the law it contradicts Supreme Court precedent on whether special counsel is actually a thing is actually a lawful process by which the Attorney General can appoint somebody to investigate and prosecute these kind of crimes yes it was a lawless ruling judge Cannon's dismissal of Donald Trump's criminal case so Jack Smith filed his brief urging the court of appeals to reverse her decision and return it to the trial court put it back on the trial track and not long after Jack Smith's brief dropped social media exploded with one question why in the world hasn't Jack Smith filed and litigated a motion to remove judge Canon from continuing to preside over Donald Trump's case because let's be clear judge aen Cannon's impartiality might reasonably be questioned and that my friends as you well know from earlier videos is the legal standard the federal law provides that if a judge's impartiality might reasonably be questioned he or she is disqualified they're required to remove themselves from the case so here is a random sampling of just some of what you all asked and what you all posted this from original metan I think it's interesting that judge Cannon is so bound to Trump that she is not even concerned about being overturned for a third time and being a laughing stock among judges she just continues to make rulings to benefit Trump whether they're legal illegal or logical this from Carolyn from Maryland how on Earth did we get to a place where a judge appointed by the defendant can dismiss charges of Espionage against said defendant and this from Jasmine someone please explain to me why he Jack Smith didn't ask for her dismissal is there a strategy can it happen without her being asked to leave friends those are all excellent observations and questions I only wish I had an equally excellent answer I'm afraid I don't but let's try to talk through this issue and I want to start by quoting my friend and fellow MSNBC legal analyst Joyce Vance you know I often turn to Joyce's newsletter civil discourse which is you know excellent in explaining and unraveling what's going on on today's legal front and I'll put a link to Joyce's newsletter in the description for this video and here is what she said right up front in her most recent edition of civil discourse regarding Jack Smith's brief Jack Smith's brief is in here are a few quick thoughts on what's in the brief but perhaps of more interest is what isn't included Smith did not ask the court to reassign the case to another district judge on remand if he's successful in the appeal the ball is now in the 11th circuits court and Joyce ends this newsletter with the smart money says judge Cannon gets reversed and this case gets back on track but as we've seen when it comes to Trump and the US Supreme Court where this matter is likely headed after the 11th circuit is done with it nothing is certain and then Joyce signs off with we're in this together truer words have never been spoken we are all in this together this fight for our democracy and that's how we're going to win it together but let's try to unravel what's going on here why in the world has Jack Smith not filed the motion to remove to recuse judge cannon from presiding over the case involving a defendant who gave her her lifetime appointment to the federal bench judge aen Cannon who was confirmed as a judge after Donald Trump lost the presidential election in 2020 judge aen Cannon who has not once but twice been reversed previously by the 11 circuit court of appeals for abusing her judicial discretion and doing a favor for Donald Trump that the law did not allow how I don't have a good answer for that question but here is what I think might be going on and here is what I think we might have to look forward to I think Jack Smith did not necessarily want to Bunch together the um legal issue that is in the brief he just filed that is did Judge aen Cannon get it dead wrong when she dismissed um Donald Trump's case concluding that special counsel ain't a thing it's not lawful absurd but I think Jack Smith maybe wanted the appeals court to focus on that and focus on that exclusively without lumping in the additional issue of oh and by the way we think judge Cannon is you know so biased right her impartiality is obviously so open to being reasonably questioned that she should be removed giving the appeals court a second issue to Grapple with which would become kind of intertwined with the first legal issue presented but here is what I think might be going on listen I was a trial court prosecutor for 30 years I had to wrestle with some recusal issues and even litigate some and there you know rarely made motions to recuse a judge move a judge because they are biased or there is a conflict or an appearance of conflict um and they're not easy issues to wrestle with because let's face it uh Federal prosecutors will have to appear before judge aen Cannon for decades assuming she's not impeached um and prosecutors are extremely reluctant to take a shot at the judge figuratively speaking and saying she's biased she can't sit fairly and impartially in a case because prosecutors know they're going to have to contend with that judge for you know years and decades um that's not an excuse It's not a good reason to decline to bring a righteous motion to remove motion to recuse but I've seen prosecutors who were extremely reluctant to file those kinds of motions Jack Smith may be waiting to see if the third time is a charm what a I mean by that well goodness knows if the 11th Circuit Court of Appeals reverses judge Canon again for a third time whether or not they conclude she abused her discretion or she was just dead wrong on the law which she is is the third time not a charm I mean a hatrick of reversed rulings in favor of the very defendant who gave you your job if that's not enough to file and litig a motion to remove her being reversed three times doing something the law does not allow to Donald Trump's extreme benefit three times well then I think all hope is lost if Jack Smith still declines to file a motion to remove her to have the case reassigned to a fair independent and impartial judge so maybe Jack Smith wants the recuse issue to be Beyond bulletproof before he files the motion to have her taken off the case I think that is perhaps what's going on here but I'll tell you friends if she's reversed for a third time you know being found by the appeals court to you know do things over and over and over again the law does not allow to Donald Trump's extreme Advantage then I don't think that people will have any conf idence in the outcome of any eventual trial if it is presided over by judge aen Cannon because the next thing she'll be able to do if the 11 circuit reverses her we've already talked about and we'll talk more about what happens when and if the case goes up to the Supreme Court but when it goes back uh to the trial court and a trial ultimately commences which it will in the long run and judge aen Canon is still presiding what is she going to do she's going to dismiss it mid trial at a time and in a way that it can't be appealed by Jack Smith and nobody but nobody could possibly have confidence in the fairness of that result in the righteousness of that result judge aen Cannon is disqualified and it's only a matter of time before a new judge one way or another other will assume responsibility for this case I have to believe that is where we are headed for one reason and one reason only because Justice matters friends as always please stay safe please stay tuned and I look forward to talking with you all again tomorrow [Music]