On Saturday, July 20, 2024, The Washington Post reported that legal experts such as Michael J. Gerhardt, Akhil Amar, Bruce Fein, Neal Katyal, and Rod J. Rosenstein were highly critical of Judge Aileen M. Cannon’s recent decision to dismiss the criminal case against former president Donald Trump related to his mishandling of classified documents.
In her 93-page ruling, Judge Cannon declared that Special Counsel Jack Smith’s appointment to investigate Trump was invalid because there is no specific statute or constitutional basis for such a position. However, Professor Gerhardt from the University of North Carolina said Judge Cannon ignored an important 1974 unanimous Supreme Court precedent that endorsed the office of special prosecutor. Gerhardt called Cannon’s ruling “judicial malpractice” and argued it was part of a troubling pattern of bias in her handling of the case.
Similarly, Yale law professor Akhil Amar said the appeals court has already rebuked Cannon twice for her earlier decisions in the case, suggesting she overstepped her legal authority. He believed the 11th Circuit Court of Appeals would likely overturn Cannon’s latest dismissal of charges against Trump as well. Bruce Fein, who served in the Justice Department under President Nixon, disputed Cannon’s opinion that special counsels weaken the separation of powers. Instead, Fein argued they are meant to counter executive overreach and prevent cover-ups.
Several legal experts emphasized that past precedent and DOJ regulations authorize the attorney general to appoint an outside special counsel like Jack Smith. Neal Katyal, a former acting solicitor general, said he helped draft Justice Department rules on special counsels in consultation with Congress years ago. Rod Rosenstein, a former deputy attorney general, oversaw Special Counsel Mueller’s investigation under those regulations, noting the prosecutor remains accountable to the attorney general.
In sum, many of the nation’s top legal experts were highly critical of Judge Cannon’s recent dismissal of the Trump criminal case and found her rationale for rejecting Special Counsel Smith’s appointment to be lacking in legal foundation according to both statute and Supreme Court precedent. They believe the 11th Circuit Court of Appeals will likely reverse Cannon’s flawed decision.
Source: The Washington Post
