The man accused of perching behind a chain-linked fence bordering Donald Trump’s Florida golf course with a rifle, allegedly waiting for a clear shot at the former president, is asking the judge overseeing the case to recuse herself.
Judge Aileen Cannon also presided over Trump’s classified documents case in Florida and ultimately decided to dismiss the case.
Defense attorneys for Ryan Wesley Routh argued in a Thursday court filing that because of this and the potential for Trump, if he were to win the presidential election, to nominate Cannon to a higher court, the judge should recuse herself from the case to avoid any appearance of impartiality.
Earlier this year, Cannon ruled that special counsel Jack Smith was not lawfully appointed to his role overseeing the classified documents case. Smith is appealing that ruling.
Routh’s attorneys say that Trump has repeatedly praised Cannon by name after her decision to dismiss the case against him – including during the Republican National Convention – and note that Trump “as the alleged victim here” has “a significant stake in the outcome of this case.”
“Were he to become President in the future, he would have authority to nominate Your Honor to a federal judgeship on a higher court were a vacancy to arise,” the defense said.
They added: “Taken together, these unprecedented facts and circumstances might create an appearance of partiality in the mind of the public. Accordingly, the Constitution and the federal recusal statute require Your Honor to recuse herself from this case.”
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