'Read the tea leaves': Ex-Trump lawyer says Cannon just signaled she might toss his case

Judge Aileen Cannon and FBI exhibit of stolen classified documents found at Mar-a-Lago (Photo: Creative commons and FBI exhibit)

A recent and surprising ruling from Florida federal court Judge Aileen Cannon suggests she's seriously considering dismissing charges against convicted felon Donald Trump, the former president's onetime lawyer argued Thursday.

Cannon's uncommon decision — allowing outside experts to speak in Trump's classified documents case at a hearing later this month — shows she's taking seriously claims that special counsel Jack Smith does not have the constitutional right to prosecute, Jim Trusty argued during a CNN appearance.

"You could read the tea leaves and think that might show that she's kind of struck by the amicus brief," Trusty told Jake Tapper.

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Trusty was pointing specifically to a brief filed by former President Ronald Reagan's attorney general Ed Meese, which argued Smith was improperly appointed, wielded "tremendous power," and was "answerable to no one."

The amicus brief was filed in support of Trump's own motion to dismiss.

Despite Smith's protestations — namely that the former attorney general's arguments were "meritless" — Cannon ruled partially in Meese's favor when she scheduled a hearing to consider amici brief arguments.

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Trump was supposed to stand trial in May, but Cannon indefinitely suspended his court date amid the flurry of hearing demands.

Earlier this week, the Trump-appointed judge doubled down by allowing attorneys tied to Meese's Federalist Society, a group dedicated to rooting out "orthodox liberal ideology" in the legal realm, to present arguments against Smith's "unlawful" appointment on June 21.

On Thursday, Trusty rejected the idea that Cannon was showing signs of bias or incompetence by arguing the multiple hearings — which critics say are serving as a delay tactic to Trump's benefit — increased transparency.

"There's a lot of people that are already kinda preemptively throwing stones at her saying she's overmatched, she doesn't know what she's doing," Trusty said. "We should say, let's air it all out."

But Trusty then admitted the decision to let the attorneys make Meese's argument in the upcoming hearing was odd.

"The only thing that's unusual about all the stuff, that I've heard, is in fact having amicus brief participants do argument as opposed to just submitting the briefs," Trusty said. "[They] really question the whole constitutionality of the special prosecutor."

For his part, Tapper appeared delighted that Trusty had brought up the former attorney general.

"If you're playing a Meese drinking game at home," Tapper declared, "drink."

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