On Wednesday, July 31, 2024, Newsweek reported that Attorney General Merrick Garland criticized Judge Aileen Cannon’s dismissal of the federal case against former President Donald Trump over his handling of classified documents.

Garland rejected Cannon’s claim that he had wrongly appointed Jack Smith as a special counsel to prosecute Trump’s cases. As a former federal judge himself for over 20 years, Garland said he would not make such a “basic mistake” about the law. He maintained that the appointment of Smith was both constitutional and valid, which was why the Justice Department appealed Cannon’s ruling.

Special counsels are typically appointed as independent prosecutors in situations where an attorney general perceives a conflict of interest, like in this case with a Democratic appointee pursuing a former Republican president. Garland noted that the Supreme Court and other federal courts have consistently upheld the legality of special counsel appointments in the past.

Trump was facing 40 federal charges in Cannon’s court related to his alleged mishandling of sensitive materials taken from his Mar-a-Lago estate after leaving the White House in January 2021. He was also accused of obstructing efforts by authorities to retrieve the documents. While Trump pleaded not guilty and said this was part of a political witch hunt, Cannon dismissed the case on July 15th.

In her ruling, Cannon decided that Smith’s appointment and funding were illegal. However, Garland asserted the Justice Department’s position that the special counsel mechanism follows established precedent and is a valid part of the executive branch’s authority. The dismissal came after months of disputes between Cannon and Smith about her rulings and delays in the proceedings.

The 11th Circuit Court of Appeals will now hear the Justice Department’s appeal of Cannon’s decision. Even if the appeals court sides with Cannon, experts say the case will likely go to the Supreme Court due to conflicting rulings between appellate circuits on this issue. Former federal prosecutor Neama Rahmani noted only Justice Clarence Thomas seems convinced by the fringe arguments made in Cannon’s ruling.

 

 

Source: Newsweek