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Special counsel Jack Smith appeals dismissal of Trump classified files case
Criminal case, tossed by Florida judge, accused ex-president of illegally stashing documents at his Mar-a-Lago residence
(snip)
Cannon’s decision broke with decades of rulings by other federal courts that have upheld the authority of the attorney general to empower a special counsel to handle politically sensitive investigations.
The practice has been used for decades by administrations of both political parties. Special counsels have also investigated Biden and his son Hunter Biden.
But her decision aligned with arguments Trump’s lawyers have made and with Clarence Thomas, the US supreme court justice, who wrote in a concurring opinion to the presidential immunity ruling that the special counsel didn’t have the authority to pursue the case. Cannon cited his concurrence in her ruling multiple times. It is part of a pattern where Thomas’s writings signal to the rightwing legal world potential strategies and theories to use in court.
(snip)
Trump was accused of illegally retaining sensitive national security documents, including records related to the US nuclear program, and Trump and the two co-defendants also were accused of obstructing the federal investigation, which they all deny.
(snip)
https://www.theguardian.com/us-news/article/2024/jul/17/trump-classified-documents-dismissal-appeal
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