Legal experts are reacting to Judge Aileen Cannon’s dismissal of the classified documents case against Trump by calling her ruling insane and saying that it will be overturned on appeal.
CNN legal analyst Michael Moore explained why Cannon’s ruling is likely to be reversed:
CNN’s Michael Moore tells @Acosta, “How would you ever get to non-presidential acts if you don’t have somebody able to investigate them? That may be what ultimately sends the case back to her with a pretty sharp appellate opinion suggesting that she is wrong.” pic.twitter.com/h4ECqKthCp
— Sarah Reese Jones (@PoliticusSarah) July 15, 2024
Norm Eisen called Cannon’s ruling insane, “Judge Cannon has just wrongly dismissed the Mar-a-Lago documents case based on a purported appointments clause violation. This is insane & will not only be reversed by the 11th circuit but may result in the ouster of Judge Cannon.”
Lawrence Tribe posted, “Judge Cannon just did the unthinkable: She dismissed the Trump classified documents case on the repeatedly rejected basis that DOJ violated the Constitution’s Appointments Clause by appointing Special Counsel Smith at all! DOJ must appeal right away. On SCOTUS, only Justice Thomas took that view in Trump v. United States. This finally gives Jack Smith an opportunity to seek her removal from the case. I think the case for doing so is very strong.”
The Rule Of Law Will Not Save The United States
Cannon’s order is only unthinkable to the legal types who have dominated political coverage in corporate media and have been suggesting for years that the rule of law will save the United States and democracy.
Those of us in the political world understood that Cannon would make this exact ruling at some point because she is a political operative playing the role of a judge. Cannon’s dismissal was always going to happen at some point before the election.
None of this is shocking.
Cannon has successfully created a legal conflict that will tie the Trump classified documents case up in court for months or years. Cannon finally gave Jack Smith the opening that he needed to get her removed from the case, but the outcome of the presidential election will determine whether the Trump classified documents case ever goes to trial.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association
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