Judge Cannon Dismisses Trump Case, Calls Jack Smith's Appointment Unlawful

  • Prof. Neil Roob
  • September 6, 2024 04:03am
  • 124

Federal Judge Aileen Cannon ruled that Special Counsel Jack Smith's appointment was unlawful, dismissing a case involving former President Trump and classified documents. The ruling is expected to delay the trial until after the 2024 presidential election.

Judge Cannon, in a groundbreaking decision, ruled that Jack Smith's appointment as Special Counsel was unlawful as he was not Senate-confirmed. This dismissal comes as a setback for the prosecution team led by Smith, who was appointed in November 2022 to oversee two high-profile investigations into former President Trump.

The case, which involves the handling of classified documents by Trump, was dismissed by Judge Cannon due to inconsistencies in the appointment process. She found that the appointment of a Special Counsel must be both constitutional and in compliance with federal statutes. In this case, she determined that the Department of Justice had not met these requirements.

Judge Cannon Dismisses Trump Case, Calls Jack Smith's Appointment Unlawful

Judge Cannon Dismisses Trump Case, Calls Jack Smith's Appointment Unlawful

The ruling has significant implications for Trump's case, as it potentially delays the trial until after the 2024 presidential election. Federal Judge Tanya Chutkan, who is presiding over the Jan. 6 investigation case, has set deadlines for replies and paperwork from prosecutors and Trump's legal team after Election Day.

Trump, who was recently indicted by Smith, pleaded not guilty to charges related to the Jan. 6 investigation. The indictment alleges that Trump pressured former Vice President Mike Pence to reject legitimate electoral votes and mounted fake electors in key states to overturn the results of the 2020 presidential election.

Judge Cannon Dismisses Trump Case, Calls Jack Smith's Appointment Unlawful

Judge Cannon Dismisses Trump Case, Calls Jack Smith's Appointment Unlawful

The ruling does not dismiss the charges against Trump, but it does narrow and reframe the allegations, in accordance with a Supreme Court ruling that granted former presidents broad immunity for official acts. The revised indictment removes allegations involving Department of Justice officials and other government officials, focusing on Trump's role as a candidate and his conversations with Pence.

The dismissal of the classified documents case is likely to have political repercussions, as it raises questions about the legitimacy of Smith's appointment and the potential impact on Trump's 2024 presidential campaign. The ruling could embolden Trump's supporters and potentially affect the outcome of the upcoming election.

The Department of Justice is expected to appeal Judge Cannon's ruling, which could further delay the proceedings. In the meantime, the trial in the Jan. 6 investigation case is set to continue after the 2024 presidential election, although the revised indictment could have implications for the prosecution's strategy.

The outcome of these cases will have significant consequences for both Trump and the ongoing investigations into his actions. The legal battles are expected to continue, with further rulings and appeals likely along the way.

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