Newsweek reported that a recent ruling in favor of former President Donald Trump in the classified documents case may not stand, according to a former U.S. Attorney.
Joyce Vance, who served under President Barack Obama, analyzed the latest developments in the case and shared her insights on her legal blog.
Judge Aileen Cannon's decision to dismiss the classified documents charges against Trump has been met with criticism from legal experts.
Vance, in particular, believes that the ruling is likely to be reversed on appeal. This prediction comes in the wake of a comprehensive brief filed by special counsel Jack Smith, challenging Cannon's interpretation of the law.
Jack Smith, who is overseeing the federal government's prosecutions against Trump, submitted a 13,000-word brief to the 11th Circuit Court of Appeals. The document meticulously argues that Judge Cannon erred in her decision to dismiss the charges against the former president.
In her ruling, Cannon had stated that Smith's appointment as special counsel was unconstitutional, citing concerns about the funding of his office.
However, Smith's brief contends that Attorney General Merrick Garland had the statutory authority to appoint him, drawing on precedent from the landmark United States v. Nixon case.
Vance noted that while Smith's brief maintains a professional tone, it clearly indicates that Cannon's interpretation of legal precedent was flawed. The special counsel's arguments are based on multiple statutes, providing what Vance describes as "multiple independently sufficient grounds" to uphold his appointment.
According to Vance, the odds are not in Judge Cannon's favor as the case moves through the appellate process. She wrote on her blog, Civil Discourse:
The smart money says Judge Cannon gets reversed, and this case gets back on track. They had the option of delving a little more deeply into just how poorly she handled the matter, but chose the high ground. Despite the neutral language they use, they land the strong criticism, in the polite language of appellate lawyers.
This assessment suggests that Smith's team has presented a compelling case for overturning Cannon's ruling. However, Vance also cautioned that when it comes to Trump-related cases reaching the U.S. Supreme Court, nothing is certain.
The appeal of Judge Cannon's ruling is expected to be heard later this year, although no specific dates have been set. Interestingly, Smith has not requested to expedite the proceedings, which could indicate confidence in the strength of his arguments.
If the ruling is indeed reversed, it would mark a significant setback for Trump's legal team. The former president is currently facing multiple legal challenges, including two other criminal prosecutions – one federal and one in Georgia.
In conclusion, the legal community is closely watching the developments in this case. Joyce Vance's analysis suggests that Judge Cannon's ruling is on shaky ground and likely to be overturned. The comprehensive brief filed by special counsel Jack Smith presents multiple arguments challenging the dismissal of charges against Trump. The final decision by the appellate court, and potentially the Supreme Court, will be crucial in determining the trajectory of this high-profile case.
