WASHINGTON — U.S. Sen. Mazie Hirono is calling for a new judge to oversee future proceedings related to Donald Trump’s alleged mishandling of classified documents case following Monday’s surprise dismissal of the previous indictment against the former president by U.S. District Judge Aileen Cannon.

What You Need To Know

  • U.S. District Judge Aileen Cannon sided with defense lawyers in throwing out the indictment on the basis that U.S. Attorney General Merrick Garland violated the Constitution’s appointments clause when he appointed special counsel Jack Smith without first going through Congress and that the Department of Justice improperly funded Smith’s office
  • The dismissal is viewed as a victory for former president Donald Trump and further assurance that he will not stand trial on the most significant of numerous charges against him prior to the General Election on Nov. 5
  • Democrats have previously expressed concern that if Trump wins back the presidency, he could either direct the DOJ to drop all federal charges or pardon himself
  • Trump posted on his Truth Social platform that Cannon took what should be the “first step” in dismissing the criminal and civil actions against him

 

Cannon, who has been criticized by Democrats for her relative lack of experience and a perceived slow-walking of the documents case, sided with defense lawyers in throwing out the indictment on the basis that U.S. Attorney General Merrick Garland violated the Constitution’s appointments clause when he appointed special counsel Jack Smith without first going through Congress and that the Department of Justice improperly funded Smith’s office.

Smith intends to appeal the order, and legal experts speculate there is a good likelihood that Cannon’s order will be overturned. Still, the dismissal is viewed as a victory for Trump and further assurance that he will not stand trial on the most significant of numerous charges against him prior to the General Election on Nov. 5.

“Judge Cannon has had this case for over a year and has issued questionable rulings that delayed trial,” Hirono posted on X (formerly Twitter). “Hardly a coincidence she released this deeply flawed ruling on day 1 of the (Republican National Convention).”

Hirono accused Cannon of deliberately delaying a potential until after the election. Democrats have previously expressed concern that if Trump wins back the presidency, he could either direct the DOJ to drop all federal charges or pardon himself.

“While likely to be overturned, this ruling accomplishes the delay (Cannon) apparently sought,” Hirono said. “The case should be reassigned to an able and impartial judge.”

Trump, however, posted on his Truth Social platform that Cannon took what should be the “first step” in dismissing the criminal and civil actions against him.

Even before Cannon’s ruling, it was a foregone conclusion that Trump’s documents trial would not start before the election.

Cannon had previously canceled the scheduled May 20 start date of the federal trial citing unresolved pretrial issues.

“Why are they not resolved?” Hirono asked at the time. “Some of it’s because she hasn’t issued decisions on things that have already been briefed for a while. I don’t think that she’s being objective. I think she has an ideological agenda. I also think that she’s not very experienced in dealing with trials. If there’s a way that she can be reassigned, I certainly would support that.”

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.