Aileen Cannon Has a Supreme Court Problem—Attorney

A former federal prosecutor has predicted that the Supreme Court will likely reinstate the indictment against Donald Trump related to classified documents. This comes after Judge Aileen Cannon, a Trump appointee, dismissed the case on July 15, ruling that special counsel Jack Smith’s appointment was unlawful.

Before Cannon's dismissal, Trump faced 40 federal charges in her court concerning his alleged mishandling of sensitive materials, which were seized from his Mar-a-Lago estate in Palm Beach, Florida, after he left office in January 2021. He was also accused of obstructing federal efforts to recover these documents. Trump has pleaded not guilty, claiming that the case is a politically motivated witch hunt.

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers in California, expressed surprise at Cannon’s decision to dismiss the case. He suggested that Cannon’s ruling might be overturned by the 11th Circuit Court of Appeals, a move that could represent her third reversal in the Trump case.

Rahmani also noted that if the 11th Circuit upholds Cannon’s decision, it could result in a circuit split, which would likely prompt the Supreme Court to intervene. He pointed out that Justice Clarence Thomas appears to be the only Supreme Court justice who is receptive to Cannon's "fringe legal arguments." On July 1, when the Supreme Court addressed Trump's presidential immunity, Thomas had written in his concurring opinion that Smith’s appointment as special counsel was indeed improper.

Special counsels are independent prosecutors appointed to avoid conflicts of interest within the government. The federal appeals courts have consistently upheld the authority to appoint special counsels since it was first challenged during the investigation of President Richard Nixon.

Rahmani criticized Cannon’s ruling, arguing that it undermines the legitimacy of special counsels more broadly, including those appointed in other high-profile cases like Hunter Biden’s. In June, Hunter Biden, the son of President Joe Biden, was convicted on three charges related to the purchase of a revolver in 2018. His case was overseen by special counsel David Weiss.