Tossing Trump's case was risky for Judge Cannon -- at least for now
THE TRUMP CASES
Tossing Trumps case was risky for Judge Cannon at least for now
Judge Aileen Cannon sidestepped key legal rulings to find that special counsel Jack Smith was improperly appointed to investigate Donald Trump.
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By Ann E. Marimow
July 20, 2024 at 8:00 a.m. EDT
Judge Aileen M. Cannons stunning dismissal this week of the most serious charges faced by Donald Trump put her on shaky legal ground, according to experts, who say she is on track to be reversed on appeal and could even be removed from the case an extraordinary, but not unheard of step. ... Because of the political calendar, however, any legal repercussions could be short-lived.
Trumps alleged mishandling of classified national security records and obstruction of government efforts to retrieve the material may not matter if the former president and current Republican nominee is elected in November. If he gets back to the White House, Trump could pressure his Justice Department to close the case. He could also promote Cannon to the very appeals court that will soon examine her decision to toss the case.
Cannons finding that special counsel Jack Smith was improperly appointed by Attorney General Merrick Garland to investigate Trump conflicts with numerous past court decisions and the nations long history during both Democratic and Republican administrations of allowing independent prosecutors to handle high-profile instances of alleged wrongdoing. ... Smith has filed notice of his plans to appeal to the U.S. Court of Appeals for the 11th Circuit, which reviews decisions from the Florida district where Cannon, a relatively inexperienced judge appointed by Trump in 2020, sits.
The court has already rebuked her twice for her handling of other aspects of the classified documents case, sending what Yale Law School professor Akhil Amar described as a message that her decisions had been way out of line.
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By Ann Marimow
Ann Marimow covers the Supreme Court for The Washington Post. She joined The Post in 2005, and has spent a decade writing about legal affairs and the federal judiciary. She previously covered state government and politics in California, New Hampshire and Maryland. Twitter
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