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Judge Aileen Cannon dismissed President Trump’s classified documents case, ruling that special counsel Jack Smith was unlawfully appointed.
From The Hill. Former President Trump on Monday received one of his biggest wins yet in fighting his criminal charges when a judge tossed his classified documents indictment.
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By ruling that special counsel Jack Smith was unlawfully appointed, U.S. District Judge Aileen Cannon’s decision sets aside Trump’s 40 criminal charges that accuse him of mishandling classified documents and obstructing the government’s efforts to retrieve them from Mar-a-Lago.
Here are five takeaways from Trump’s major win:
First of Trump’s indictments dismissed
Monday’s ruling is the first time a judge has dismissed one of Trump’s criminal indictments in its entirety. …
Grand juries indicted Trump on 91 criminal charges in total. Since then, Trump has staved off 43 of them, been found guilty on 34 and has 14 others pending. …
Decision latches onto Thomas’s concurrence
Many legal observers had viewed Trump’s argument — that Attorney General Merrick Garland did not hire Smith in accordance with the Constitution’s Appointments Clause — as a long shot.
Cannon had long indicated she was taking Trump’s defense seriously, including by holding a hearing on the issue and inviting outside parties to also argue it before her.
But the defense gained steam when the Supreme Court earlier this month handed down its decision carving out criminal immunity for former presidents. Justice Clarence Thomas penned a separate, solo opinion expressing sympathy with Trump’s defense. Cannon cited it three times. …
Jack Smith plans to appeal
Smith, the special counsel, said later Monday that he plans to appeal the decision. …
That appeal would first head to a three-judge panel on the 11th U.S. Circuit Court of Appeals, though it could ultimately reach the Supreme Court.
In theory, Trump could be also charged again by an authorized prosecutor. Congress could pass legislation providing clear authority for future special counsels, or the Department of Justice (DOJ) could bring a case through a standard U.S. attorney. …
Ruling comes at start of GOP convention
Cannon’s ruling arrives the same day as the start of the Republican National Convention, where Trump was officially nominated as the party’s 2024 presidential candidate.
Throughout his campaign, Trump has portrayed himself as a victim of an unfair justice system politicized against him.
The new decision hands him a sizable victory just before he takes the stage to accept the GOP nomination in Milwaukee on Thursday night. …
Ruling divides Democrats, GOP
Democrats and Trump critics who have long taken issue with Cannon’s handling of the case on Monday again lambasted her decisionmaking, with some calling for her recusal. …
Meanwhile, Republicans and Trump’s allies celebrated the decision.
“As we work to unify this country following the failed assassination attempt of President Trump, we must also work to end the lawfare and political witch hunts that have unfairly targeted President Trump and destroyed the American people’s faith in our system of justice. This development is a critically important step towards that goal,” House Speaker Mike Johnson (R-La.) said in a statement. …
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(Excerpt from The Hill. Photo Credit: Bill Clark/CQ Roll Call – https://rollcall.com/2023/11/16/appellate-court-to-hear-arguments-over-trumps-rhetoric-in-federal-trial-on-2020-election/, Public Domain, https://commons.wikimedia.org/w/index.php?curid=141959934)