In a significant legal development, Judge Aileen Cannon has dismissed the classified documents case against former President Donald Trump, marking his second major legal victory in recent weeks. In her 93-page ruling, Cannon declared the appointment of special counsel Jack Smith, who is overseeing the case, to be unlawful. The Department of Justice (DOJ) has announced plans to appeal this ruling.
Legal expert Mary McCord, former acting head of the DOJ's National Security Division, emphasized that the dismissal was not based on the merits of the case but rather on the procedural legitimacy of Smith's appointment by Attorney General Merrick Garland. McCord noted that Cannon's decision diverges from established legal precedents, particularly referencing the Supreme Court case US v. Nixon, which affirmed the authority of the attorney general to appoint special prosecutors.
Cannon's ruling aligns with Justice Clarence Thomas's earlier concerns regarding the constitutionality of Smith's appointment, suggesting a potential judicial roadmap for challenging such appointments. McCord suggested that the DOJ might consider reindicting the case in a different jurisdiction, such as Washington, D.C., where judges may have more experience with similar cases. However, this move could attract criticism for perceived \"judge shopping.\"
Trump welcomed the ruling, claiming it exemplifies the \"weaponization\" of the DOJ, a statement McCord argued contradicts Cannon's reasoning, which highlighted Smith's independence from the attorney general. While the dismissal does not directly impact other cases Trump faces, it may prompt him to seek similar dismissals in those matters.
As the DOJ prepares to appeal, the possibility of seeking Cannon's recusal from the case remains on the table, though McCord cautioned that such actions are rare and would require substantial justification. The legal landscape surrounding Trump's cases continues to evolve, with implications that could resonate beyond this particular ruling.