In Donald Trump’s victory, Judge Eileen M. Cannon dismissed the case, saying that special counsel Jack Smith was wrongly appointed. Today we will discuss about Aileen Cannon ABA rating: Juan Merchan,Josh Lorence,Juan NYT.
Aileen Cannon ABA rating: Juan Merchan,Josh Lorence,Juan NYT
A judge on Monday dismissed the federal indictment against former President Donald Trump on charges of mishandling classified documents — his second seismic legal victory in less than a month after the Supreme Court’s landmark ruling on immunity.
U.S. DistrictJudge Eileen M. Cannon’s 93-page ruling that special counsel Jack Smith was improperly appointed is a victory for Trump, even if it is ultimately overturned. Smith’s office vowed to appeal the decision, saying the judge’s legal reasoning was at odds with previous rulings on the issue.
This occurred less than 48 hours after Trump survived an assassination attempt in Butler, PA, and as Trump was preparing to be formally nominated as the Republican presidential candidate at the Republican National Convention in Milwaukee.
Defense attorneys often file every possible motion to dismiss the charges, but it is rare for them to be successful and result in entire cases being dismissed. In the Florida case, Trump’s lawyers attempted long-winded argument after long-winded argument before the move succeeded far beyond expectations.
By dismissing the entire indictment, Cannon’s decision also means charges have been dropped for two of Trump’s co-defendants, Walton “Walt” Nauta and Carlos de Oliveira. The Justice Department’s appeal on this issue could eventually reach the Supreme Court.
Smith’s spokesman Peter Carr said, “Dismissing the case deviates from the uniform conclusion of all previous courts that have considered the issue that the Attorney General is statutorily authorized to appoint a special counsel.” “The Justice Department has authorized a special counsel to appeal the court’s order.”
On social media, Trump said Monday’s dismissal “should be just the first step” and that the remaining criminal and civil cases against him should also be thrown out of court. He accused Democrats of conspiring against him by bringing those cases, a claim that has been repeatedly denied by federal, state and local officials.
Juan Merchan
After the Cannon decision, a man who was told he might be called as a witness in the documents case described Trump as “the luckiest man on Earth.” The person spoke on condition of anonymity to describe his candid feelings about the development.
Trump’s advisers have long considered the classified documents case the strongest of the four criminal cases against him – partly because the acts in question mostly occurred after he left the White House – and it was the case that most concerned them. did. The case is particularly concerning to those advisers because if it goes to trial, it will include first-person accounts from people in Trump’s inner circle describing interactions with them.
Aileen Cannon ABA rating: Juan Merchan,Josh Lorence,Juan NYT
The former president was charged with 40 counts of illegally retaining classified defense information and obstructing government efforts to retrieve the material. Some of the documents found in the FBI’s search of Mar-a-Lago, his Florida home and private club contained information about top-secret U.S. operations so detailed that many senior national security officials were in the dark about them. was kept, The Washington Post reported last year.
Cannon’s opinion highlights the legal nuances of the special counsel regulations and does not address the crimes Trump and his co-defendants are accused of committing, or the merits of the evidence collected by prosecutors.
The former president was separately convicted in May of falsifying records to hide hush money payments to an adult-film actress before the 2016 election. He is now challenging that decision and the indictment based on the Supreme Court’s immunity ruling. Two other cases – D.C. His federal election interference case in the U.S. — and a similar state trial in Georgia — are stalled due to legal challenges and will also be affected by the immunity decision.
Josh Lorence
Florida federal Judge Eileen Cannon dismissed the criminal classified documents case against former President Donald Trump and two co-defendants in a surprise decision on Monday, ruling that the appointment of special counsel Jack Smith as the prosecutor for the case. This is a violation of the Appointments Clause of the US Constitution. ,
A spokesman for Smith said later Monday the Justice Department had authorized a special counsel to appeal Canon’s decision to throw the case to the 11th Circuit U.S. Court of Appeals.
Smith’s spokesman Peter Carr said, “Dismissing the case deviates from the uniform conclusion of all previous courts that have considered the issue that the Attorney General is statutorily authorized to appoint a special counsel.”
Trump was accused of illegally keeping hundreds of classified government documents at his Mar-a-Lago club in Florida after leaving the White House in January 2021 and trying to hide them from government officials who wanted their return.
The blistering decision by Cannon — who was Trump’s appointee to his judicial seat — comes two days after a would-be assassin narrowly missed assassinating Trump during a campaign rally in western Pennsylvania.
Aileen Cannon ABA rating: Juan Merchan,Josh Lorence,Juan NYT
Cannon’s decision, which also dismissed criminal charges against Trump aide Walt Nauta and Mar-a-Lago activist Carlos de Oliveira, was issued hours before the start of the Republican National Convention in Milwaukee. That convention will formally confirm Trump as the GOP presidential nominee for the November election.
“The Clerk is directed to close this case,” Cannon wrote in his ruling in the U.S. District Court for the Southern District of Florida.
Smith’s appeal of the verdict is likely to be resolved only after the presidential election, but it would guarantee that Trump will not face trial until 2025 at the earliest.
If Trump is elected president in November, he could order his attorney general to dismiss the case, and U.S.
Juan NYT
The initial impulse to read Judge Eileen Cannon’s pseudo-scholarly 93-page decision dismissing the classified documents case against Donald Trump is to catalog the legal errors and redundancies that demonstrate its brazenness and likelihood of overturning. . The opinion, which dismisses the case on the dubious grounds that special counsel Jack Smith was not properly appointed, can serve as target practice for any first-year law student who has studied statutory construction and Learned about precedent, principles that get tangled under the tension of canon so that the matter is settled.
But such traditional criticism is not really suited to Canon’s unconventional and embarrassing work. To analyze the case in terms of the nuances of special counsel law or to ignore United States v. Nixon by canon is to ignore what is right in front of one’s face.
It is more useful and enlightening to think of the dismissal as the first court decision of Project 2025, in which the rule of law takes a back seat to the key principle of loyalty to Trump.
Cannon is working more or less subtly according to that principle, as she turned a pedestrian Fourth Amendment challenge to Trump’s search for his Mar-a-Lago estate in 2022 into an entirely chaotic glue of actions. had accepted the invitation.
It is an example of the gap between general notions of judicial propriety and Canon’s in-the-tank monitoring of the case that it took so long for many people, including me, to fully accept the only hypothesis he consistently put forward. Is consistent with being weakened. A cut-and-dried criminal case: that this is entirely a matter of loyalty, not law.
That said, some aspects of the opinion itself cry out for a response. The first is that despite Canon’s repeated invocation of the well-worn structural principles of the Appointments Clause of the Constitution and the separation of powers, Dismissal does not even offer any such constitutional analysis. Rather, it revolves.
