ON MONDAY, SPECIAL COUNSEL JACK SMITH filed an  appeal of U.S. District Judge Aileen Cannon’s outright dismissal of the classified documents case fi

Jack Smith Ain’t Cannon Fodder - by Kim Wehle - The Bulwark

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2024-08-30 13:00:02

ON MONDAY, SPECIAL COUNSEL JACK SMITH filed an appeal of U.S. District Judge Aileen Cannon’s outright dismissal of the classified documents case filed against Donald Trump in Florida. That case was widely perceived as the strongest of the four criminal indictments against Trump (the others being the January 6th indictment filed in federal court in Washington, D.C., the election-fraud case filed in state court in Georgia, and the Manhattan hush money case that produced a criminal conviction on 34 charges in June). Last month, Cannon tossed out the indictment on foundational grounds, declaring Smith himself an unconstitutional actor, as if everything he touches is worthless as a matter of law. The appeal signals that the Justice Department is not going to tolerate Smith getting “fired” this way.

Cannon is a trial court judge, so her deeply flawed ruling has no weight beyond this particular case. Still, Smith’s filing the appeal carries a risk. The Supreme Court in Trump v. U.S. created immunity for crimes committed by presidents using their “official” power. In his concurring opinion in that case, Justice Clarence Thomas offered a roadmap for Cannon’s dismissal of the case on the grounds that Smith’s very office is unconstitutional.

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