The 58-year-old man accused of attempting to assassinate former President Donald Trump wants a new judge that the alleged victim didn't appoint to the bench.
Ryan Wesley Routh, of Hawaii, asked U.S. Judge Aileen Cannon to recuse herself from the case because Trump appointed her to the bench and later praised her rulings in Trump's classified documents case in Florida. Federal prosecutors opposed the motion, saying Routh's argument didn't work.
"The Defendant's motion does not present a sufficient legal or factual basis to support a determination that the Court should exercise its discretion to disqualify itself or otherwise recuse," Assistant U.S. Attorneys John Shipley, Christopher Browne and Mark Dispoto wrote in a filing opposing the proposed recusal.
Routh's defense attorneys, Kristy Militello and Renee Sihvola, argued that Cannon should step aside to avoid the appearance of any potential conflict.
"Mr. Trump is the current Republican candidate for President in next month's election," they wrote in the motion. "On the campaign trail, he has repeatedly praised Your Honor for her rulings in his case. As the alleged victim here, he has a significant stake in the outcome of this case too. 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 attorneys also said the circumstances of the case warranted a recusal.
"The unprecedented facts and circumstances of this case, at the very least, create significant doubts about whether this Court could preside consistent with the requisite appearance of impartiality," they wrote.
In July, Cannon dismissed the 40 felonies Trump faced in the classified documents-related criminal case because she said the appointment of Special Counsel Jack Smith violated the Constitution. Smith has appealed that decision. Legal experts widely considered the classified documents case as Trump's most challenging legal hurdle. Trump had pleaded not guilty.
Prosecutors accused Routh of stalking Trump for a month before he built a sniper's nest near the Trump International golf course in West Palm Beach.
Federal prosecutors charged Routh with possession of a firearm by a felon and possession of a firearm with an obliterated serial number and attempted assassination of a major presidential candidate.
Routh has pleaded not guilty.
Prosecutors said Routh had been planning to kill the former president for months. Agents found in Routh's Nissan Xterra a handwritten list of dates in August, September, and October 2024 and venues where Trump had appeared or was expected to be present.
Routh also left a note. Several months before the Sept. 15 incident, Routh left the note with a person federal prosecutors described as a civilian witness. The letter offered money to anyone who would finish the job.
The letter reads in part, "This was an assassination attempt on Donald Trump but I failed you. I tried my best and gave it all the gumption I could muster. It is up to you now to finish the job ..."
Routh's attorney chalked it all up to a publicity stunt.
A U.S. Secret Service agent, a hole ahead of Trump walking the perimeter, spotted a rifle sticking out from the tree line. The agent fired in the direction of the rifle before a witness told authorities Routh sped away in a Nissan sport utility vehicle.
Routh's cellphone records indicated he had been camped out from 1:59 a.m. to 1:31 p.m., according to a criminal complaint filed in the federal case.
Authorities caught Routh on Interstate 95.
Photo courtesy of the US Department of Justice - Items belonging to Ryan Wesley Routh found at the scene
