Judge Aileen Cannon tossed out the former president's classified documents case.
October 17, 2024, 8:20 PM
The man charged with trying to assassinate Donald Trump asked Thursday that a judge appointed by the former president to recuse herself from the case.
Ryan Routh's attorneys argued in their 10-page motion that Judge Aileen Cannon's recusal from the federal case "is essential to preserve the appearance of impartiality."
Trump nominated Cannon as a U.S. district judge for the Southern District of Florida in 2020 and she was assigned to special counsel Jack Smith's case against Trump for allegedly mishandling classified documents case, which she dismissed over the summer. Trump has praised Cannon for her actions in that case.
Routh, who has pleaded not guilty to several federal charges including attempted assassination of a presidential candidate, contended that the judge "owes her lifetime appointment to the alleged victim in this criminal case," according to the motion.
"Taken together, these unprecedented facts and circumstances might create an appearance of partiality in the mind of the public," the motion read.
Prosecutors have not immediately commented on the request.
Routh was arrested on Sept. 15 after a Secret Service agent spotted him with a rifle at the Trump International Golf Club course in West Palm Beach, Florida. The former president was on the course at the time and was taken to a safe location after Secret Service members fired at Routh.
The investigation is ongoing.
Routh's attorneys cited the former president's social media posts and rallies where he praised Cannon for her handling of the classified documents case as reasons why she might not be impartial.
"By repeatedly and publicly praising this Court by name for its rulings in his case, Mr. Trump has arguably bolstered the perception that the Court is partial in his favor. Moreover, were Mr. Trump to become President again in the future, he would be in a position to nominate Your Honor to a vacancy on a higher appellate court, including the U.S. Supreme Court. In the mind of the public, this prospect of a judicial promotion could arguably affect this Court’s ability to be impartial in this case, where Mr. Trump is the alleged victim and has an interest in the outcome," the motion said.
The attorneys acknowledged that Cannon was not deliberately assigned to Routh's case, but they nonetheless argued that all appearances of bias must be removed from the case.
"To be clear, there is no evidence that this case (or any other) was assigned in a non-random manner. But conspiracy theories have been based on less. Recusal would thus have the added benefit of preventing the public from harboring such a dangerous perception," they said.