Judge Cannon went somewhere in Trump hearing that was 'none of her business': expert

The federal judge overseeing Trump's classified documents case appeared to chart way off course in her court deliberations while determining a trial start date.

Former federal prosecutor Andrew Weissmann pointed to a moment in Friday's hearing in Fort Pierce, Florida where U.S. District Court Judge Aileen Cannon, a former prosecutor before Donald Trump elevated her to the bench, decided to talk about the so-called "60-day" rule.

That rule is the Department of Justice's policy to avoid bringing actions that might affect an upcoming election.

"I was surprised she even brought up the DOJ internal rule because the internal rules of the department don't in any way give rights to the defense, they are not enforceable in any court, they are just internal guides to the department. That's something that the judge knows well having worked as a prosecutor."

ALSO READ: ‘America First’ is Trump first, Russia close second

"So it really was none of her business to raise that," he added.

Prosecutor Jay Bratt, who is part of Special Counsel Jack Smith's team, made clear that the policy Cannon queried doesn't apply to cases where there has already been an indictment or is in the process of being litigated.

Trump attorney Todd Blanche made the argument that it would be "unfair" to put Trump on trial for mishandling classified documents ahead of the election.

Weissmann noted, that the rule "simply does not apply" because it is aimed at not taking "actions with respect to someone who is a political candidate shortly before an election."

He continued: "The reason there is to give that person an opportunity to have their day in court."

The purpose of the case against Trump and his co-defendants, Walt Nauta, a valet for Trump, and Carlos De Oliveira, the property manager at Trump’s Mar-a-Lago, is to be able to get their day in court.

And in this case it's the government trying to get its court date with Weissmann advising, "there is every reason for this not to apply" and it's "not for the judge to raise it in court."