“Bad Ruling by a Bad Judge”: Legal Experts Critique Dismissal of Trump’s Classified Documents Case
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A legal expert described Judge Aileen Cannon’s dismissal of Donald Trump’s classified documents case as a “bad ruling from a bad judge,” but another expert believes it will likely stand, according to a new report.
New York attorney Colleen Kerwick highlighted three significant hurdles Special Counsel Jack Smith faces in challenging Cannon’s dismissal of his Florida federal court case at the 11th Circuit Court of Appeals, Newsweek reported Monday.
Kerwick noted that Cannon’s ruling was technically correct regarding the legitimacy of special counsels. “No statute vests the attorney general with authority to appoint a special counsel like Smith,” Kerwick explained. “While there may have been special counsels similar to Smith before, their legitimacy was assumed versus decided.”
The second hurdle for Smith is proving to the appeals court that the Trump-appointed judge abused her power or made a legal mistake, which is no simple task. “Smith will have to show that Judge Cannon abused her discretion or erred as a matter of law,” Kerwick said.
Lastly, even if the Circuit court rules in Smith’s favor, Trump can appeal to a higher court. This court has previously dealt a critical blow to another of Smith’s cases against Trump — the stalled election interference trial in Washington federal court. “If Smith prevails before the 11th Circuit, who has reversed Judge Cannon in this case before,” Kerwick said, “Trump is likely to take this novel issue up to the Supreme Court.”
Before Cannon dismissed the case on July 15, Trump was accused of mishandling top-secret information seized from his Palm Beach social club Mar-a-Lago, and of obstructing efforts to retrieve them. Trump pleaded not guilty and accused Smith of mounting a political witch hunt.
Neama Rahmani, a former federal prosecutor, expressed surprise at Cannon’s decision to dismiss the case. “Unfortunately, this seems to be another bad ruling by a bad judge,” Rahmani told Newsweek. “I wouldn’t be surprised if her order is overturned by the 11th Circuit.”
The complexities of the case and the potential for further appeals highlight the ongoing legal battles surrounding Trump. The outcomes of these legal challenges will have significant implications for the former president and the broader political landscape.
