Harvard Law professor Laurence Tribe claimed Monday that United States District Judge Aileen Cannon of the Southern District of Florida’s ruling that special counsel Jack Smith’s appointment was unconstitutional created an opportunity to remove her from the case.
Cannon found that Smith’s appointment was unconstitutional under the Appointments Clause of the Constitution in a 93-page ruling released Monday that dismissed the charges against former President Donald Trump. Tribe said that the appeals process would afford Smith the chance to seek Cannon’s removal from the case. (RELATED: Liberal Lawyers, Anderson Cooper Suggest Trump Docs Judge Is ‘Scared’ For Not Kow-Towing To Jack Smith)
“Judge Cannon just did the unthinkable: She dismissed the Trump classified documents case on the repeatedly rejected basis that DOJ violated the Constitution’s Appointments Clause by appointing Special Counsel Smith at all!” Tribe posted on X Monday. “DOJ must appeal right away. On SCOTUS, only Justice Thomas took that view in Trump v. United States. This finally gives Jack Smith an opportunity to seek her removal from the case. I think the case for doing so is very strong.”
Judge Cannon just did the unthinkable: She dismissed the Trump classified documents case on the repeatedly rejected basis that DOJ violated the Constitution’s Appointments Clause by appointing Special Counsel Smith at all! DOJ must appeal right away. On SCOTUS, only Justice…
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) July 15, 2024
CNN legal analyst Norm Eisen and MSNBC legal analyst Barbara McQuade also said in posts on the social-media site that Smith should use this to seek the removal of Cannon when he appealed the ruling to the United States Court of Appeals for the Eleventh Circuit. Cannon heard arguments about the constitutionality of Smith’s appointment in June.
WASHINGTON, DC – AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC. (Photo by Alex Wong/Getty Images)
“Dismissal of Trump documents case may actually be good news for Jack Smith, who can now immediately appeal to 11th Circuit and ask for case to be reassigned to a new judge,” McQuade posted.
Dismissal of Trump
documents case may actually be good news for Jack Smith, who can now immediately appeal to 11th Circuit and ask for case to be reassigned to a new judge. But more delay … https://t.co/N17Ttx6cLW— Barb McQuade (@BarbMcQuade) July 15, 2024
MSNBC legal analyst Glenn Kirschner called for followers to file complaints against Cannon in a May 11 video on his YouTube channel after Cannon’s May 7 ruling that indefinitely delayed Trump’s trial over his alleged handling of classified documents.
The Mar-a-Lago Club, home of former US President Donald Trump, is seen on April 3, 2023 in Palm Beach, Florida.(Photo by GIORGIO VIERA/AFP via Getty Images)
The 11th Circuit announced on May 22 that it would not accept further complaints about Cannon’s handling of the classified materials case, calling the over 1,000 complaints it had received part of an “orchestrated campaign.”
Attorney General Merrick Garland appointed Smith to oversee an investigation into allegations surrounding retention of classified material by the former president in November 2022.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
