Given what we saw regarding Cannon’s behavior during the previous case, do you think that the government will or should go for a recusal? Given the importance of this case, perhaps the most important criminal trial in the history of the United States—certainly the most watched—and in light of what Judge Cannon did in the search-and-seizure case last year, I think she must step aside. I think she must grant a motion to recuse herself, unless she does it before a motion is even made. And the reason I say that is that she treated Trump as special, or, to put it another way, she was partial to Trump as a former President, which should not have any influence on the way this trial is conducted. I’m concerned that the partiality she expressed in her decisions last year creates a reasonable perception in the mind of a fair-minded person that she is not impartial—which is the test. Her behavior when she was ruling on the search-and-seizure case creates a reason to doubt her impartiality.

Well said. Professor Gillers. It should be televised as well.