Trump arraignment in Miami: Judge's powers, courthouse security command spotlight

The selection of a judge appointed by former President Donald Trump to oversee his criminal proceedings has triggered a wave of speculation, with many commenting that it is a boon for Trump and a setback for federal prosecutors.

Attorneys familiar with the judge and American legal system say it's neither.

U.S. District Judge Aileen Cannon, 42, was randomly designated last week to preside in the federal case against Trump, who has been accused by special counsel Jack Smith of possessing and mishandling classified documents at his Mar-a-Lago estate.

The choice of Cannon raised eyebrows, and concerns, because of her assignment last year of a special master amid litigation sparked by the FBI search and seizure of documents in August 2022. The ruling by Cannon was seen as overly, and unnecessarily, favorable to Trump.

Moreover, it was ultimately overturned last year by an appeals court — paving the way for doubts over her impartiality this month. But Fort Lauderdale defense attorney Richard Serafini, who spent 10 years working as a federal prosecutor, said much of the discourse around the jurist's controversial designation is inappropriate.

"I think they are making way too much of it," Serafini said. "I think that Judge Cannon is going to handle the case evenly."

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Serafini said Cannon's approval of special master to review documents and the possession of the disputed files was reasonable given that it was a "first impression" case — one without a roadmap of previously litigated issues.

"No search warrant had ever been served, executed on a (former) president on a location or his home before," Serafini said.

By contrast, even though no former president has ever faced criminal charges before, the Espionage Act and other laws involved in Trump's 49-page indictment involve well-traveled legal pathways, with a host of precedents and previous cases to inform Cannon's decisions.

That applies also to the piercing of the attorney-client shield in Trump's case. Serafini said that's "not novel" and is clearly prescribed by the crime-fraud section governing the relationship between defendants and their legal representatives.

"That's been well-litigated," Serafini said. "That doesn't mean that it's not going to re-litigated at trial, but that's not a novel way of gathering evidence. If the advice is used in furtherance of a crime, then the attorney-client privilege is overcome."

The fact that Trump appointed Cannon has been news-talk fodder, with a conservative radio talk show host calling her a "MAGA judge" on Monday morning. Kendall Coffey, a former prosecutor with the Southern District of the U.S. Attorney's Office, said it means less than people may believe.

"Federal district judges never feel they have to send a bouquet of 'thank you' flowers to whichever president appointed them," he said.

Coffey served on the committee that reviewed Cannon's judicial application and said he feels strongly that she will be fair, noting that she brings the perspective of a former prosecutor to the court. Coffey agreed that Cannon's ruling last year occurred in an arena that presented issues that hadn't been litigated before, rather than stemming from an allegiance to the president who appointed her.

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Defense attorney Michael Salnick also rejected criticism that Cannon is politically motivated, saying it's not legally founded. He said that if prosecutors successfully push to remove her from the case, or if she were to recuse herself, nothing will stop "the next person from crying foul that the next judge was appointed by Obama, Biden, Bill Clinton."

"She is a tough, no-nonsense judge," Salnick said. "I think she will be extremely fair, but there's going to be critics no matter what."

Tara Newsom, a professor of Civics and Goverment at St. Petersburg College, said Cannon's assignment followed the judicial protocols and "all of the norms" in how judges are assigned cases. But Newsom said whatever extra scrutiny is on Cannon because of her decision-making in the search warrant litigation is fair game.

"Being wary of her ruling is fair considering her track record last year," she said.

But, Newsom added, the appellate decision may well leave Cannon understanding she does not have the discretion she may have believed she had last fall.

"There's an increased attention on this case because of the severity of it," Newsom said. "After she was overruled last year, I think we have a greater chance of her doing the right thing. And if we believe in the presumption of his innocence and we believe in the system, we have to believe in her."

Newsom further added that just as the 11th Circuit Court of Appeals stepped in last year, judicial review will be there as well in the adjudication of the current indictment.

"If she is found to be applying politics instead of justice, then the system will overturn her decision just as it did last year," she said.

Newsom also agreed with Serafini that Cannon will have to play in a more constrained legal field because of the law and case precedent.

"These are well-heeled judicial principles, and there is case law that supports this indictment," she said "You just have to be consistent. If we believe in the justice system, then we have to understand she is going to have to apply the law and case precedent, and there is less discretion for her in this case."

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A somber scene inside the courtroom and a 'circus' outside Miami federal facility?

The first-ever appearance by a former president to face federal charges Tuesday in Miami is likely to be a somber moment inside the courtroom and a public spectacle outside, legal and security experts say.

Extraordinary measures are being taken at the Wilkie D. Ferguson Jr. U.S. Courthouse in downtown Miami ahead of Trump's arrival to face a magistrate, not Cannon, in a first appearance.

On Tuesday afternoon, Serafini expects a quick, "collapsed appearance" in which the reading of the indictment will be waived, a trial by jury will be demanded and Trump's attorneys will want access to evidence — although that discovery process could require his attorneys to have security clearances.

Serafini said bond will not be an issue, and there will be no need for Trump to wear monitoring devices since, as a presidential candidate, he is not a flight risk.

"That seems awfully unrealistic," he said of an electronic ankle bracelet on Trump. "If anybody wants to know where he is, they only need to turn on the news."

That being said, the scene outside could potentially be chaotic, said Ross Thompson, a longtime professional in private security.

"It's going to be an absolute circus," he said.

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Security around Miami federal courthouse to be 'extremely tight'

Beyond what happens in the courtroom, the atmosphere outside the courthouse on Tuesday could be an intense one. Serafini said he expects there be "extremely tight security" around the federal facility in Miami.

The Miami federal court is no stranger to high-profile cases, having handled the cases involving deposed Panamanian strongman Manuel Noriega and the post-Sept. 11 arrests of a group of men accused of conspiring to support the al-Qaeda terrorist organization in attacks that allegedly included bombing the then-Sears Tower in Chicago and an FBI building in North Miami Beach.

Analysts said the arraignment of a former president on charges stemming from wrongful possession of top secret U.S. papers is nonetheless a different legal and security dimension, but federal officials will be ready.

"What is unprecedented is the charge against a former president," Serafini said. "But that's a newer court building, and it was built with security in mind. It was constructed and designed to be extremely secure. It's a major district and it's a major city, and they've had cases before that required security measures. There will be a lot of people and there will be a lot security, but I anticipate things will run smoothly."

Thompson, the CEO of COVAC Global in West Palm Beach, said he is not too concerned with the security within the Miami courthouse.

"The courthouse is secure," he said. "I don't think there's any real existential threat in the courthouse."

Trump, Thompson said, will also be in good hands with U.S. Secret Service protection. The agency will control his movement in and out, and will have various vehicle entry and exit options as well as "air support," a helicopter ready, in the event it's necessary.

"The Secret Service still has a very large hand in any of the president's movements in what he does or doesn't do," he said.

Thompson said he is more concerned with the potential for violence beyond the courthouse. He said what he fears most is that a clash between potentially armed demonstrators will escalate.

"With the gun laws in Florida versus New York, there's obviously the possibility, the potential, for people that are participating in any of those potential clashes, meetings, rallies, whatever you want to call it, to have weapons," he said. "That's got to be a bigger concern than what we saw in New York."

Federal, state and local law enforcement will be on hand not only in large numbers, Thompson added, "but you'll have some specialized units, counter assault and SWAT" units, including undercover agents mingling in the crowd to spot flash points and respond fast.

Hannah Phillips is a journalist covering public safety and criminal justice at The Palm Beach Post. You can reach her at hphillips@pbpost.com.

This article originally appeared on Palm Beach Post: Trump arraignment in Miami: Judge, courthouse security command spotlight