Dismissal of Former President Trump's Classified Documents Case Shakes Legal Landscape

KEY TAKEAWAYS

• Special Counsel Jack Smith, appointed by the Department of Justice, found enough probable cause to secure a grand jury indictment against former President Donald Trump.

• Former President Trump has challenged the appointment of Special Counsel Smith, citing the Appropriation Clause (28 U.S.C. § 541), which gives the President the power to appoint with confirmation from the Senate and the expiration of the Independent Counsel Act (1978-1999).

• The Department of Justice argued that Special Counsel Smith’s appointment was justified by the precedent set in United States v. Nixon, 418 U.S. 683 (1974) and historical practice set by the Independent Counsel Act.

• The court dismissed the case due to procedural defects without determining guilt. 

• The Department of Justice has filed an appeal, causing a delay in the case. As a result, the final decision will not be reached until after the 2024 election. 

In today’s political climate, it can be overwhelming to keep up with the constant stream of news stories. Amid Democratic party calls for President Biden's resignation and an assassination attempt on former President Donald Trump, another significant story seems to have been overshadowed: former President Trump’s classified documents case. Despite being overlooked, Judge Aileen Cannon, a 2020 Trump appointee, made a pivotal decision that could have far-reaching implications for the outcome of Trump’s classified documents case.

Former President Trump was indicted on June 8th, 2023, on multiple felony counts, including mishandling classified documents, making false statements, and engaging in conspiracy to obstruct justice. The indictment followed the Justice Department's repeated efforts to retrieve sensitive material from Trump and a raid on his Florida residence. In November 2022, Attorney General Merrick Garland appointed special counsel Jack Smith to lead the investigation. However, the appointment of special counsel Jack Smith is currently the subject of legal dispute in this case.

Special counsels are prosecutors from outside the government who are usually appointed by the Justice Department to handle sensitive cases. The goal of appointing a special counsel is to avoid conflicts of interest or any appearance of bias between the Justice Department and the defense. Even though the appointment of a special counsel is meant to protect the defendant, in this specific case, former President Trump argued that the appointment of a special counsel was inappropriate, and Judge Cannon agreed.

On July 15, 2024, the court heard arguments on a motion supporting former President Trump's claim that the special counsel wasn't properly appointed and the case against him wasn't valid. Trump’s defense team cited statutory law, stating that a valid appointment of a special counsel must come from the President and be confirmed by the Senate. The Justice Department defended its appointment of the special counsel, citing long-standing precedent dating back to Richard Nixon, which showed that previous Attorneys General had the authority to appoint a special counsel. Judge Cannon ultimately dismissed all felony charges against Trump based on procedural grounds without considering the Department of Justice's evidence of former President Trump’s guilt.

The Department of Justice has appealed this ruling, which could impact its ability to appoint special counsels in the future and affect the timeline of the case. Due to this decision and the added delay from the appeal, it is unlikely that the case will be resolved before the November election and may not be resolved at all if former President Trump is re-elected.