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Jerry Dunleavy, Justice Department Reporter


NextImg:Donald Trump indicted: Florida judge assigned case has history of ruling in Trump’s way

A Trump-appointed Florida federal judge who previously selected a special master in the FBI’s Mar-a-Lago investigation might now oversee the criminal case brought against former President Donald Trump by special counsel Jack Smith.

Judge Aileen Cannon, a district court judge in Florida who gave Trump a temporary win when she appointed Judge Raymond Dearie to be special master in the Mar-a-Lago saga in September, has been assigned to oversee the criminal case against Trump in southern Florida, according to multiple outlets.

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Trump revealed Thursday evening that Smith, who was handpicked by Attorney General Merrick Garland, had informed him that he was being indicted related to his alleged mishandling of classified records, and that he had been summoned to appear in a Miami federal courthouse on Tuesday afternoon.

If Cannon remains with the case, this means she could potentially oversee a jury trial and also be empowered to decide what prison sentence Trump would receive if convicted.

Cannon had ruled in September that she “temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.”

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She said at the time that her ruling “shall not impede" the classification review and intelligence assessment being conducted by the Office of the Director of National Intelligence related to the records seized in the FBI’s unprecedented August raid of Trump’s Florida resort home. Nevertheless, an ODNI spokesperson told the Washington Examiner in September that it had “paused” the classification review following consultation with federal prosecutors.

Cannon’s own pause on the DOJ’s use of classified documents was then reversed by an appeals court later in September, and the entire special master process was tossed out by a higher court in December.