“This is how republics collapse,” one lawyer said, noting that even if the decision is reversed, it will likely delay “Trump’s trial long enough to prevent any form of accountability before the November election.”

U.S. District Judge Aileen Cannon, an appointee of former President Donald Trump, dismissed the criminal classified documents case against the presumptive Republican presidential nominee in a Monday decision denounced as politically motivated and “a punch in the mouth to the rule of law.”

The Florida-based judge’s dismissal came as the Republican National Convention kicked off in Milwaukee, Wisconsin after Trump survived an assassination attempt at a Saturday campaign rally in Butler, Pennsylvania. Trump is expected to formally become the GOP presidential nominee on Thursday.

U.S. Attorney General Merrick Garland appointed Jack Smith as special counsel for a pair of federal probes after Trump announced the current presidential campaign in November 2022. Trump was finally indicted for his handling of classified documents the following June. He faces 40 charges in this case alone.

“Unless the 11th Circuit and ultimately SCOTUS disagree, Trump goes free for walking out of the White House with top secret documents.”

In response to Trump’s motion to dismiss, Cannon on Monday agreed with his defense team that “Smith’s appointment violates the appointments clause of the United States Constitution” and dismissed the superseding indictment.

Cannon wrote that “both the appointments and appropriations challenges as framed in the motion raise the following threshold question: Is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no.”

“None of the statutes cited as legal authority for the appointment… gives the attorney general broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith,” she continued. “Nor do the special counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise.”

With an appeal all but certain, Cannon’s decision could be reconsidered by the 11th Circuit Court of Appeals in Atlanta or the U.S. Supreme Court, which has a conservative supermajority that includes three Trump appointees. Journalists and legal experts on Monday framed the dismissal as just the latest move the judge has made to benefit the man who appointed her.

The Associated Presspointed out that Cannon previously “appointed an independent arbiter to inspect the classified documents recovered during the August 2022 search of Mar-a-Lago, a decision that was overturned months later by a unanimous federal appeals panel,” and “since then, she has been slow to issue rulings—favoring Trump’s strategy of securing delays—and has entertained defense arguments that experts said other judges would have dismissed without hearings.”

The New York Timesnoted that “Judge Cannon’s ruling came exactly two weeks after Justice Clarence Thomas deeply questioned the constitutionality of Smith’s appointment in an odd concurrence in the Supreme Court’s landmark ruling granting Trump broad immunity against criminal prosecution,” which stemmed from Smith’s other case against Trump.

University of Alabama law professor and MSNBC legal commentator Joyce White Vance also highlighted how Cannon’s decision—which she roundly criticized and called “absolutely incredible”—came after Thomas’ concurrence.

“Unless the 11th Circuit and ultimately SCOTUS disagree, Trump goes free for walking out of the White House with top secret documents. At best, this is seriously delayed,” said Vance, adding that she was “disgusted.”

Congressman Raúl Grijalva (D-Ariz.) said that “the dismissal of this case reflects a clear bias for the former president and the outlying opinion of the far-right wing Supreme Court Justice Clarence Thomas.”

“To dismiss this case would be a miscarriage of justice,” he added. “I urge Attorney General Garland and Special Counsel Smith to appeal this egregious decision to the 11th Circuit Court of Appeals.”

As the Times reported: “The ruling rolls back nearly 30 years of how special counsels have gotten their jobs. Special counsels are governed by Justice Department regulations set through the statutory authority of the attorney general.”

MSNBC host Chris Hayes accused Cannon of failing to do her job correctly by defying precedent and potentially hoping that the nation’s highest court will uphold her decision.

“Just to be crystal clear: SCOTUS has upheld special counsels repeatedly. Cannon is a district court judge, her job is to apply controlling precedent,” he explained. “She’s doing this because she thinks the MAGA court is on the same page as her and Trump’s lawyers and will go along.”

Human rights lawyer Qasim Rashid suggested that Cannon’s timing was intentional, saying: “She saw the nonstop media coverage of the shooting, used that distraction to overturn decades of legal precedent without citing a single case in her ruling’s favor, and dismissed Trump’s classified documents case. This is how republics collapse.”

“To be sure, Cannon’s absurd ruling is so extreme that only one of the MAGA justices supported it in his immunity decision (Thomas). Her decision will likely be reversed because it has absolutely zero basis in precedent whatsoever. It is utterly unhinged,” he added. “But Cannon’s indefensible opinion still serves its purpose of delaying Trump’s trial long enough to prevent any form of accountability before the November election. That was the move all along.”

Damon Silvers, a visiting professor at University College London, said that “it’s important to understand Judge Cannon’s dismissal of the criminal case against Trump as both an attempt to grant him legal immunity AND an effort to escalate tensions in our country for political purposes. The right response is an appeal.”

Citizens for Responsibility and Ethics in Washington president Noah Bookbinder also called for an appeal, saying in a statement that “this is a lawless, outlier decision with no basis in statute or case law. It is deeply dangerous for accountability and checks and balances going forward.”

“This decision should and assuredly will be appealed immediately,” he added. “It endangers the very concept of ensuring the most powerful people in government have to follow the law.”

While fighting this case, Trump in May was convicted of 34 felonies in New York for the falsification of business records regarding hush money payments to cover up sex scandals during the 2016 presidential election. He faces two other cases—one overseen by Smith and another in Georgia—related to his attempt to overturn his 2020 loss to Democratic President Joe Biden, who is seeking reelection.

Common Dream’s work is licensed under a Creative Commons Attribution-Share Alike 3.0 License. Feel free to republish and share widely.

  cannon, case, dismissal, documents, trump