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Posted: 2024-04-04T06:19:36Z | Updated: 2024-04-04T20:19:21Z

Ty Cobb , a former Trump White House attorney, explained how U.S. District Judge Aileen Cannon has created a perception of partiality that could lead to her removal from the former presidents delay-laden classified documents case.

Cannon, who has yet to set a trial date in the case, ordered lawyers on both sides to submit jury instructions that seemingly gave credence to Trumps view of the Presidential Records Act, an act hes argued gave him the power to take documents upon the end of his term.

Special counsel Jack Smith , in a filing on Tuesday, knocked the Trump-appointed judge for relying on the former presidents fundamentally flawed legal premise .

I think the filing today makes it plain that she has to rule, and if she doesnt rule under either scenario, theyll be in a position to take her up to the 11th Circuit [Court of Appeals]. And I think the 11th Circuit will likely take her off the case, said Cobb on Wednesdays edition of CNN s Erin Burnett OutFront.

Cobb, who noted that the 11th Circuit has previously rebuked Cannon over how shes dealt with the case, called her delays extraordinary and that its remarkable Cannon hasnt set a trial date.

He told Burnett that he doesnt buy that its just incompetence and inexperience at this point.

I think the evidence is just too overwhelming, added Cobb, who criticized Cannons handling of the case last month.

He continued, I mean, yes, she may be incompetent but at this stage of the game, her incompetence is so gross that I think it clearly creates the perception of partiality and her attempt to put her thumb on the scale. So, I think that should disqualify her.

Burnett, earlier in the program, noted several moves by Cannon that have delayed a case considered to be open and shut against the presumptive GOP presidential nominee.

Why do you think Judge Cannons stalling it? Burnett asked Cobb.

I recognize that many commentators today have tried to be polite about Judge Cannons missteps here and suggesting that they relate somehow to her experience or incompetence, Cobb said.

I think the evidence of her bias is pretty palpable at this stage of the game.

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