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A federal judge dismissed former US President Donald Trump’s classified documents case on Monday.
Judge Aileen Cannon — who has overseen the case in which Trump was accused of mishandling sensitive documents at his Florida resort — ruled the indictment violated the appointments clause of the Constitution, according to a court filing.
Cannon, who was appointed by Trump, had been weighing whether Jack Smith’s appointment as special counsel was invalid. In arguing that the case should be dismissed, Trump’s lawyers argued Smith’s appointment was unconstitutional because he has too much independence from Department of Justice leadership.
That theory was promoted by Supreme Court Justice Clarence Thomas in his concurring opinion for the recent court ruling that presidents have broad immunity for official actions. Thomas wrote that offices like the special counsel’s must be approved by Congress.
Cannon’s ruling can be appealed, at which point it would go to a Circuit court for consideration.
SIGNALS
Justice Clarence Thomas paved way for Trump-appointed judge to dismiss case
Trump-appointed Judge Aileen Cannon has already come under scrutiny from critics who say her actions suggest she is helping the former president emerge unscathed from the case: She delayed the trial, blocked prosecutors from accessing seized documents, and rejected colleagues’ suggestions to step aside from the case. But Cannon was “finally handed what she needed” to dismiss the case, former Republican National Committee chair Michael Steele wrote, when Supreme Court Justice Clarence Thomas’ argued against the establishment of the office of the Special Counsel in Trump’s presidential immunity case.
Classified documents was considered ‘most straightforward’ of Trump’s cases
Unlike Trump’s other legal troubles where prosecutors are often relying on untested legal theories, analysts believed the classified documents case was “the most straightforward,” since prosecutors had direct evidence that Trump directed his staff to hide the documents from investigators, The New York Times reported. While Cannon’s ruling will have “zero effect” on the Georgia election interference case, her dismissal is yet another blow to Special Counsel Jack Smith’s federal election interference case, which has already been delayed because of the Supreme Court’s ruling granting Trump some immunity from his actions in office.
Cannon’s decision might work in Jack Smith’s favor, some analysts argue
Judge Aileen Cannon’s decision might be “a blessing in disguise” for Special Counsel Jack Smith as it lets him “immediately” appeal the case, former US attorney Barbara McQuade said on MSNBC. McQuade predicted that the 11th Circuit Court of Appeals would reverse Cannon’s decision “as she’s so clearly wrong on the law,” which would lead to Trump appealing — and likely winning the case — before the Supreme Court. While the case could still be brought by a US attorney instead of a Special Counsel, Cannon’s decision effectively rules out the chance of a trial before the election. But it also gives Smith the opportunity to “finally” seek her removal from the case, argued Harvard University legal scholar Laurence Tribe.