Ryan Routh, the man accused of the second assassination attempt on former President Donald Trump in Florida, has forced the federal government to comment on Judge Aileen Cannon’s impartiality when overseeing his classified documents case.
The suspect, accused of planning to shoot the Republican presidential candidate at Trump International Golf Club West Palm Beach on September 15, filed a 10-page motion last week asking for the judge to recuse herself.
Trump was facing 40 federal charges in Cannon’s court over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He was also accused of obstructing efforts by federal authorities to retrieve them.
Cannon dismissed all charges after ruling that special counsel Jack Smith, the chief prosecutor, was illegally appointed.
Routh said he wanted that because Cannon was appointed by Trump and therefore could not be impartial, citing her dismissal of the case, which was filed in her district.
“This motion presumes that this Court would preside over this case impartially,” the October 17 filing reads. “However, given the heightened stakes and the public scrutiny, there should not be any doubts about even the appearance of impartiality of the presiding judge.”
Routh’s attorneys also said that Trump has repeatedly praised Cannon for dismissing the case in July.
Despite the concerns over impartiality, special counsel Jack Smith asked only for the dismissal to be reversed so that it could be heard. He did not seek to have the case assigned to a different judge based on partiality concerns.
Routh’s filing appears to have forced the U.S. Department of Justice (DOJ) to address the issue of who appointed Cannon.
“There is no support whatsoever for the contention that a judge can be disqualified based simply on the identity of the President who appointed him,” a quote from Straw v. United States in the DOJ’s three-page response reads.
The DOJ went on to say that Routh provided no legal or factual basis for Cannon, or the court, to disqualify itself.
When Newsweek reached out for comment, the DOJ deferred to its filing.
Routh responded on Wednesday, complaining that the department had not “meaningfully” responded to his petition and that Cannon could see a promotion if Trump is elected president, referring to reports that her name is on a list of potential picks for U.S. attorney general.
Routh is scheduled to stand trial beginning November 18, less than two weeks after Election Day. The 58-year-old was charged by the DOJ with possession of a firearm while a former felon, and possession of a firearm with an obliterated serial number.
He did not fire any shots on September 15 but fled after a Secret Service agent spotted a rifle sticking out near a fence a few holes ahead of where Trump was playing. Routh was arrested later that day.
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