The U.S. Attorney General, Merrick Garland, has publicly expressed his disapproval of Judge Aileen Cannon's decision to dismiss the case concerning classified documents linked to former President Donald Trump.
In a recent interview with NBC News, Garland refuted Cannon's assertion that he had inappropriately appointed Jack Smith as a special counsel to oversee Trump's federal cases.
According to Newsweek, Garland, who has over two decades of experience as a federal judge, defended his decision, stating, "Do I look like somebody who would make that basic mistake about the law? I don't think so. Our position is that it's constitutional and valid. That's why we appealed."
The appointment of a special counsel is typically seen as a necessary step when an attorney general perceives a potential conflict of interest, such as in this instance where a Democrat-appointed attorney general is prosecuting a Republican former president.
Garland further emphasized that the appointment of special counsels has long been sanctioned by federal courts. He stated, "'Til now, every single court, including the Supreme Court, that has considered the legality of a special counsel appointment, has upheld it." This statement came as Garland's Justice Department swiftly approved Smith's request to appeal the ruling by Cannon, who was appointed by Trump.
The former president was facing a staggering 40 federal charges in Cannon's court over his alleged mishandling of sensitive materials confiscated from his Mar-a-Lago estate in Palm Beach, Florida, following his departure from the White House in January 2021. Trump, who has consistently maintained his innocence, has dismissed the case as a politically motivated witch hunt.
On July 15, Cannon dismissed the case, asserting that Smith's appointment and the funding of his office were illegal. This decision came after months of contention between Cannon and Smith over her rulings and the frequent delays in the case. However, the 11th Circuit Court of Appeals has declared that it will hear Smith's appeal of Cannon's decision.
Neama Rahmani, a former federal prosecutor, suggested that even if the Eleventh Circuit upholds Cannon's decision, the case will likely proceed to the Supreme Court. This is due to the fact that numerous other federal appeal courts have affirmed the government's right to appoint special counsels, a precedent set during the investigation of President Richard Nixon. Rahmani stated, "Even in the unlikely event that the Eleventh Circuit affirms, that would create a circuit split and the Supreme Court would likely hear the case."
Rahmani also noted that Clarence Thomas is the only Supreme Court justice who appears to be swayed by the type of "fringe legal argument" put forth by Cannon. This ongoing legal battle underscores the importance of maintaining a robust and independent judicial system, even when faced with politically charged cases.
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