Legal experts call Judge Cannon’s decision to dismiss Trump’s classified documents case crazy and predict a reversal

Legal experts reacted to Judge Erin Cannon’s dismissal of the classified documents case against Trump by calling her ruling crazy and saying it would be overturned on appeal.

CNN legal analyst Michael Moore explains why Cannon’s ruling may be overturned:

CNN’s Michael Moore narrates @acosta”, “How can you engage in un-presidential behavior if no one can investigate those actions? That’s probably why the case was ultimately sent back to her, and the rather scathing appellate opinion suggested she was wrong. pic.twitter.com/h4ECqKthCp

— Sarah Rhys Jones (@PoliticusSarah) July 15, 2024

Norm Eisen called Cannon’s ruling crazy, “Judge Cannon erred in dismissing the Mar-a-Lago document case based on alleged violations of the terms of appointment. This is crazy and will not only be dismissed by the 11th Circuit Overturn, and likely result in Judge Cannon’s ouster.

Lawrence Tribe wrote, “Judge Cannon did the unthinkable: She dismissed the Trump confidential documents case on the grounds that the Justice Department’s appointment of Special Counsel Smith simply violated the Appointments Clause of the Constitution! The Justice Department must appeal immediately. On the Supreme Court, only Justice Thomas held this view in Trump v. United States. This finally gave Jack Smith an opportunity to ask for her removal from the case. The reason is very good.

The rule of law cannot save America

Cannon’s order would be unthinkable to those in the legal profession who dominate corporate media’s political coverage and have suggested for years that the rule of law would save America and democracy.

We in politics all know that Cannon will make this exact ruling at some point because she is a politician playing the role of judge. Cannon’s dismissal was always going to happen at some point before the election.

None of this is shocking.

Cannon has successfully created a legal conflict that will keep the case over classified Trump documents tied up in the courts for months or years. Cannon ultimately gave Jack Smith a chance to be removed from the case, but the outcome of the presidential election will determine whether the Trump classified documents case will go to trial.

Jason is the managing editor. He is also a member of the White House press corps and a congressional reporter for PoliticusUSA. Jason holds a BA in Political Science. His graduate work focused on public policy, particularly social reform movements.

Awards and Professional Memberships

Member of Society of Professional Journalists and American Political Science Association

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