Attorneys for Ryan Routh, the man charged with attempting to assassinate former president Donald Trump last month, are asking U.S. District Judge Aileen Cannon to recuse herself from his case, arguing that she would struggle to be impartial.
In a ten-page motion filed Thursday, Routh’s attorneys point to the fact that Cannon was a Trump appointee and that the former president has spoken favorably about her past rulings. Cannon has overseen several cases related to Trump, including a lawsuit the former president filed seeking special supervision over records the FBI seized from his home in 2022. She also oversaw the criminal case special counsel Jack Smith pursued against Trump last year around Trump’s alleged mishandling of classified documents and obstruction of justice.
Cannon dismissed that case in July after finding the special counsel’s appointment was unconstitutional. Smith is appealing that ruling to the 11th Circuit Court of Appeals.
Routh’s public defenders, Kristy Militello and Renee Sihvola, argue the circumstances of the case “create significant doubts about whether this court could preside consistent with the requisite appearance of impartiality.” They cite a legal precedent that notes “any doubts must be resolved in favor of recusal.”
“The public may suspect that Mr. Trump’s cases have somehow been deliberately steered to this Court. … That perception would irreparably damage the integrity of this court as an institution, not to mention the judicial process,” Routh’s attorneys wrote.
They do, however, acknowledge that there is no evidence Canon’s assignments to the Trump cases were anything more than random; Cannon is one of just a half dozen federal judges who were eligible to oversee the Routh case, according to Politico.
They go on to note that Trump previously spoke favorably of Cannon in his speech at the Republican National Convention and they suggest the judge could be promoted to a higher court, including the Supreme Court, if Trump were to win his current presidential bid.
“In the mind of the public, this prospect of a judicial promotion could arguably affect this Court’s ability to be impartial in this case, where Mr. Trump is the alleged victim and has an interest in the outcome,” the lawyers wrote.
Routh has pleaded not guilty to five counts related to the alleged assassination attempt, including attempted assassination of a presidential candidate and possession of a firearm as a convicted felon.
He was taken into custody last month after a Secret Service agent spotted the barrel of his rifle sticking out from a bush at Trump’s West Palm Beach golf club. Routh fled after the agent fired shots in his direction but was quickly arrested.
Federal prosecutors, who have not yet weighed in on the recusal request, have requested an indefinite delay in scheduling the trial because of what they say is the complexity of the case.