Trump-Appointed Judge Will Not Recuse Herself From Trump Assassination Attempt Case

by · Forbes

Topline

A Florida-based federal judge appointed by former President Donald Trump refused to recuse herself from the criminal case against a man who allegedly tried to assassinate the former president, saying she saw “no valid basis for recusal”—despite Trump publicly praising the judge and a report that she is on the shortlist for attorney general if he is elected to a second term.

Judge Aileen Cannon rejected Ryan Wesley Routh’s request that she recuse herself from the case to ... [+] “preserve the appearance of impartiality.”Global Images Ukraine via Getty Images

Key Facts

Ryan Wesley Routh, who was arrested in September and charged with one count of attempting to assassinate a major presidential candidate, one count of assaulting a federal officer and three federal firearms charges, requested Judge Aileen Cannon—who was also the judge who dismissed Trump’s classified documents case—recuse herself.

Specifically, Routh argued there are grounds for recusal because Cannon was appointed by Trump, Trump has made statements about her in the press, there have been reports that Cannon is on Trump’s shortlist for attorney general if elected and he argued she has issued “some rulings that were favorable” to Trump.

Routh’s team also argued that Cannon recusing herself would “remove any public perception that Mr. Trump’s cases have [been] assigned to this Court in a non-random manner.”

A judge is required to recuse themselves when “objectively speaking, ‘the probability of actual bias on the part of the judge or decision maker is too high to be constitutionally tolerable.’”

In the response Tuesday to Routh’s request, Cannon said she saw “no valid basis for recusal” and rejected the request.

Routh has pleaded not guilty to all charges, and Forbes reached out to his lawyers for comment on Cannon’s decision.

Crucial Quote

“I follow my oath to administer justice faithfully and impartially, in accordance with the Constitution and the laws of this country,” Cannon wrote in her decision. “And Defendant has identified no practice, much less an established practice, warranting a judge’s recusal because a party, witness, or alleged victim in a judicial proceeding makes public statements—positive or negative—about a judge who lacks any control over such statements.”

Key Background

Routh was arrested on Sept. 15 after shots were fired at the Trump International Golf Club in Palm Beach County, Florida, where the former president was golfing—marking what authorities said was the second attempt on his life of the summer. The shots were fired by a Secret Service agent who spotted Routh’s gun through the shrubbery, leading Routh to flee the scene, according to authorities. Police later stopped him after a witness identified his car, and prosecutors said Routh did not have Trump in his line of sight or fire his gun—though he was able to get between 300 to 500 yards from Trump. Prosecutors suspect Routh was camped out near the golf course for about 12 hours, and through their investigation they said they found a handwritten list of dates and locations at which Trump appeared or was supposed to appear. Routh’s case was randomly assigned to Cannon, who dismissed Special Counsel Jack Smith’s classified documents case against Trump because she said Smith was unlawfully appointed. In August, Smith appealed Cannon’s decision to dismiss the case, but did not request she be removed, despite her receiving widespread criticism for issuing rulings favorable to Trump.

Further Reading