Judge in Trump's Classified Documents Case Faces Potential Removal Following Latest Ruling
ICARO Media Group
In a recent development in the classified documents case against former President Donald Trump, legal experts believe that the judge who dismissed the federal case, Judge Aileen Cannon, may be removed from the proceedings after her latest ruling. Attorney Ben Meiselas, who frequently criticizes Trump, described the decision as "horrific" and voiced his support for special counsel Jack Smith's appeal against the ruling.
According to Smith's office, they plan to appeal Cannon's decision, highlighting that it diverges from the consensus reached by previous courts. These courts have consistently declared that the attorney general is authorized to appoint a special counsel without Senate approval. Cannon, who was nominated to the bench by Trump, has drawn criticism for a series of rulings in the classified documents case that have seemingly favored the former president.
Meiselas expressed confidence that Smith's appeal would be successful, leading to Cannon's removal from the case. He also mentioned that Smith would file a detailed motion with the U.S. Court of Appeals for the 11th Circuit, citing Cannon's behavior throughout the case as grounds for her removal. Meiselas emphasized the precedent of special counsels being utilized in both Republican and Democratic administrations, highlighting the inconsistency of Cannon's ruling.
Judge Cannon's ruling on Monday argued that Smith's appointment violated key aspects of the constitutional system, specifically Congress' role in appointing constitutional officers and authorizing expenditures by law. Attorney General Merrick Garland justified Smith's appointment in November 2022 by citing a law that granted him the authority to appoint officials for investigations without Senate approval. Former Republican Attorney General Bill Barr similarly invoked this law when appointing Special Counsel John Durham.
In response to Cannon's ruling, Smith's spokesperson, Peter Carr, expressed disappointment, stating that it contradicted the consensus among previous courts regarding the attorney general's authority to appoint a special counsel. Carr confirmed that the special counsel has been authorized to appeal the decision.
Trump's attorney, Christopher Kise, applauded Cannon's ruling, asserting that it restored the rule of law and made the right call for America. However, a number of other legal experts condemned Cannon's decision, criticizing her for dismissing the case based on the appointment of Smith.
The classified documents case against Trump involves 40 charges, including allegations of illegal retention of classified materials after leaving office and obstruction of federal efforts to retrieve them. Trump has pleaded not guilty to these charges.
As of now, there has been no comment from Judge Aileen Cannon's office in response to the latest developments. The potential removal of Judge Cannon from the case awaits the outcome of Smith's appeal to the 11th Circuit and the subsequent motion for her removal.