Assassination attempt suspect requests Judge Aileen Cannon to step down from Trump case
Defense attorneys representing Ryan Routh argue that the public may perceive the judge as biased in favor of the former president.
TroibNews 
Attorneys representing Ryan Routh, who is facing charges for attempting to assassinate former President Donald Trump on a golf course in Florida last month, have submitted a motion requesting that U.S. District Judge Aileen Cannon recuse herself from the case.
In a 10-page motion filed on Thursday, Routh's attorneys articulated their concerns about Cannon's involvement in the case, citing her previous rulings in Trump's favor, her appointment to the federal bench by Trump, and public skepticism regarding the assignment of this high-profile case involving the former president.
“The unprecedented facts and circumstances of this case, at the very least, create significant doubts about whether this court could preside consistent with the requisite appearance of impartiality. And ‘any doubts must be resolved in favor of recusal,’” wrote Routh’s public defenders Kristy Militello and Renee Sihvola, referencing relevant legal precedent.
As of now, federal prosecutors have not taken a position on the recusal request, according to the defense's motion.
Before overseeing Routh’s case, Cannon handled a lawsuit filed by Trump that sought special oversight over records seized by the FBI from his Mar-a-Lago residence during a court-ordered search in 2022. She also presided over the criminal case brought by special counsel Jack Smith, which accused Trump of mishandling classified information and obstructing justice. In July, Cannon dismissed this case, claiming the special counsel’s appointment was unconstitutional.
“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 defense team stated, while noting that they possess no evidence suggesting the assignment process was anything but random.
Current court dockets indicate that Cannon was one of several federal judges eligible to be assigned to Routh's case. However, the clerk’s office for the Southern District of Florida declined to reveal the number or names of the judges eligible for assignment when inquired by PMG last month, stating, “Information regarding which specific judges, or how many, are on a particular assignment wheel at any given time is not public information.”
Cannon, who operates out of Fort Pierce, has faced considerable criticism from legal analysts for her rulings in previous Trump-related matters. Notably, her decision to appoint a special master to review documents seized from Trump’s property was partially stayed by the 11th Circuit Court of Appeals and ultimately reversed. Additionally, her ruling to dismiss the prosecution against Trump concerning classified documents, based on claims about the legality of Smith’s appointment, is currently under appeal in the same court.
The defense motion highlights that multiple public statements from Trump commending Cannon’s legal abilities—such as a tribute he offered during his Republican National Convention acceptance speech—could lead the public to question her impartiality regarding the assassination attempt case. Moreover, the defense speculates that if Trump were to win the presidency in November, he might consider appointing Cannon to a higher court, potentially the Supreme Court.
“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 defense lawyers wrote.
Judges generally do not recuse themselves based solely on the identity or political affiliation of the president who appointed them, as this could create chaos within the federal judiciary given the numerous cases that involve the federal government. Nonetheless, Routh's attorneys contend that this situation is unusual, particularly because Trump is a victim in the criminal case.
According to court records, Trump was golfing in West Palm Beach on September 15 when a Secret Service agent saw Routh crouched in the bushes with a semi-automatic rifle, prompting shots to be fired in Routh's direction. Although he attempted to flee, he was apprehended later. Routh's attorneys claim his actions were more akin to a publicity stunt than a serious assassination attempt.
On September 30, Routh’s lawyers entered a not guilty plea on his behalf to five charges, including attempted assassination of a presidential candidate and possession of a firearm as a convicted felon. Federal prosecutors have sought an indefinite delay in scheduling the trial, citing the case's complexity. Routh remains in jail without bond as his case progresses.
Allen M Lee contributed to this report for TROIB News
In a 10-page motion filed on Thursday, Routh's attorneys articulated their concerns about Cannon's involvement in the case, citing her previous rulings in Trump's favor, her appointment to the federal bench by Trump, and public skepticism regarding the assignment of this high-profile case involving the former president.
“The unprecedented facts and circumstances of this case, at the very least, create significant doubts about whether this court could preside consistent with the requisite appearance of impartiality. And ‘any doubts must be resolved in favor of recusal,’” wrote Routh’s public defenders Kristy Militello and Renee Sihvola, referencing relevant legal precedent.
As of now, federal prosecutors have not taken a position on the recusal request, according to the defense's motion.
Before overseeing Routh’s case, Cannon handled a lawsuit filed by Trump that sought special oversight over records seized by the FBI from his Mar-a-Lago residence during a court-ordered search in 2022. She also presided over the criminal case brought by special counsel Jack Smith, which accused Trump of mishandling classified information and obstructing justice. In July, Cannon dismissed this case, claiming the special counsel’s appointment was unconstitutional.
“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 defense team stated, while noting that they possess no evidence suggesting the assignment process was anything but random.
Current court dockets indicate that Cannon was one of several federal judges eligible to be assigned to Routh's case. However, the clerk’s office for the Southern District of Florida declined to reveal the number or names of the judges eligible for assignment when inquired by PMG last month, stating, “Information regarding which specific judges, or how many, are on a particular assignment wheel at any given time is not public information.”
Cannon, who operates out of Fort Pierce, has faced considerable criticism from legal analysts for her rulings in previous Trump-related matters. Notably, her decision to appoint a special master to review documents seized from Trump’s property was partially stayed by the 11th Circuit Court of Appeals and ultimately reversed. Additionally, her ruling to dismiss the prosecution against Trump concerning classified documents, based on claims about the legality of Smith’s appointment, is currently under appeal in the same court.
The defense motion highlights that multiple public statements from Trump commending Cannon’s legal abilities—such as a tribute he offered during his Republican National Convention acceptance speech—could lead the public to question her impartiality regarding the assassination attempt case. Moreover, the defense speculates that if Trump were to win the presidency in November, he might consider appointing Cannon to a higher court, potentially the Supreme Court.
“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 defense lawyers wrote.
Judges generally do not recuse themselves based solely on the identity or political affiliation of the president who appointed them, as this could create chaos within the federal judiciary given the numerous cases that involve the federal government. Nonetheless, Routh's attorneys contend that this situation is unusual, particularly because Trump is a victim in the criminal case.
According to court records, Trump was golfing in West Palm Beach on September 15 when a Secret Service agent saw Routh crouched in the bushes with a semi-automatic rifle, prompting shots to be fired in Routh's direction. Although he attempted to flee, he was apprehended later. Routh's attorneys claim his actions were more akin to a publicity stunt than a serious assassination attempt.
On September 30, Routh’s lawyers entered a not guilty plea on his behalf to five charges, including attempted assassination of a presidential candidate and possession of a firearm as a convicted felon. Federal prosecutors have sought an indefinite delay in scheduling the trial, citing the case's complexity. Routh remains in jail without bond as his case progresses.
Allen M Lee contributed to this report for TROIB News
