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A federal judge who was appointed by former President Donald Trump — and has previously ruled in his favor- could preside over the former president’s case in Miami on Tuesday.

U.S. District Judge Aileen Cannon was randomly assigned the case after being selected from a pool of four federal jurists in South Florida, the Miami Herald reported.

Cannon, 42, a former federal prosecutor was nominated to the bench by Trump in 2020 and confirmed by the Senate in November 2022.

“Ms. Cannon is a highly qualified individual, and I am confident that she will serve Florida’s Southern District honorably,” Florida Sen. Marco Rubio said at the time offering his enthusiastic support.

Cannon has previously issued rulings favorable to Trump’s alleged mishandling of classified materials.

In September 2022, she granted the former president’s request to appoint a special master to review documents seized by the FBI during its raid on Mar-a-Lago.


  Judge U.S. District Judge Aileen Cannon was nominated to the federal bench by former President Trump.
 Judge U.S. District Judge Aileen Cannon was nominated to the federal bench by former President Trump.

  Trump faces an arraignment on Tuesday — potentially in front of Cannon. Getty Images Trump faces an arraignment on Tuesday — potentially in front of Cannon. Getty Images

In December of that year, a federal appeals court unanimously reversed her decision.

“The key point is that Judge Cannon had no jurisdiction to do anything here,” Mark Schnapp, a former federal prosecutor and longtime Miami criminal defense attorney told the Miami Herald at the time. “She tried to assert equitable jurisdiction [to appoint the special master], but her own opinion showed why her analysis was defective. Her opinion got ripped to shreds by the Eleventh Circuit Court.”

Barry Covert, a longtime New York litigation attorney, said the optics of Cannon presiding over the new indictment are problematic. 

“I think you may have the appearance of impropriety and just the appearance alone should dictate that she recuse herself,” Covert said.

Cannon was originally born in Cali, Colombia, and is a graduate of Duke University and the University of Michigan law school and is a member of the Conservative Federalist Society.

She previously clerked for Judge Steven M. Colloton of the U.S. Court of Appeals for the 8th Circuit before later moving into private practice at the law firm Gibson, Dunn & Crutcher.

Immediately before her federal appointment, Cannon served as an assistant U.S. attorney for the Southern District of Florida from 2013-2020.


  During a raid at Trump’s Mar-a-Lago estate, the FBI seized classified documents from when he was president in the White House. AP During a raid at Trump’s Mar-a-Lago estate, the FBI seized classified documents from when he was president in the White House. AP

  A picture of government documents that were seized at Trump’s Florida home. Justice Department A picture of government documents that were seized at Trump’s Florida home. Justice Department

Before moving into law, Cannon briefly pursued a career in journalism, writing articles for El Nuevo Herald, a Spanish-language daily.

Harvard Law professor Alan Dershowitz — who has represented Trump in 2020 during his first impeachment hearing — said  federal judges carry the presumption of impartiality.

“Once judges are confirmed they are supposed to be non-political and we will wait and see. I have no reason to believe that this judge will depart from her assigned role. The judge would either have to be somebody appointed by Trump or by a Democrat. It was a matter of randomness. I don’t see anything special about it,” Dershowitz said.

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