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In response to
"I was just wondering about that. Can the appellate court reassign the case? Can Smith request that as part of the appeal?"
by
pmb
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apparently yes (and has been moving to box Cannon in to forcing the 11th Cir's hand)
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"Former federal prosecutor Andrew Weissmann, who served on special counsel Bob Mueller's team, likewise claimed that Cannon could be facing an imminent recusal by the 11th Circuit Court of Appeals.
"So now there is this issue, with respect to divulging the name of someone who is under investigation, which could interfere with a criminal investigation. We don't know about the underlying facts of that so it is somewhat guesswork," Weissmann told MSNBC.
"What I can tell, you as a — I have been in a prosecutor for many years — that does not get disclosed when you are doing an investigation," he added. "To me, it is so reminiscent of the same problem she had during the investigation. So, if she continues this route, it will be interesting to see whether Jack Smith gets to the 11th Circuit and whether they sort of politely recuse her, essentially, which happens when the circuit hears the case and basically says 'When we send this back, we think that the better course is for a different judge to hear it.'"
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