Each new development in Donald Trump’s federal criminal case in Florida makes it increasingly clear that the impartiality of presiding Judge Aileen Cannon might, as federal law puts it, “reasonably be questioned.” That’s important because the same statute — 28 U.S. Code Section 455 — provides that when a judge’s impartiality might reasonably be questioned, the judge “shall disqualify” herself from the case.
Having reviewed seized evidence in hundreds of criminal cases over my 30 years as a federal prosecutor, this assertion is absurd. When the FBI executes a search warrant, evidence technicians thoroughly document the evidence as it appeared on the scene before it was seized. If the evidence is contained in a box, they’ll open the box and photograph the contents as it appeared when they first viewed it.
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