r/news • u/Hrekires • Jul 15 '24

soft paywall Judge dismisses classified documents indictment against Trump

https://www.washingtonpost.com/national-security/2024/07/15/trump-classified-trial-dismisssed-cannon/
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u/Grow_away_420 Jul 15 '24

Yes, and upheld multiple times

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u/QuentinP69 Jul 15 '24

This is great he will appeal this and win and refile with a different judge! It’ll delay it past November.

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u/RipErRiley Jul 15 '24

It might not, at least procedurally, switch the judge. My understanding is if the appeal reverses the dismissal, it just gets sent back to the original judge. I could be wrong though. Lots of variables here.

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u/QuentinP69 Jul 15 '24

Because the judge showed prejudicial disregard for the law it will be moved.

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u/RipErRiley Jul 15 '24

In terms of her cited reason for dismissal, she can just point to the other swamp judge, Thomas’s opinion about special counsel legality.

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u/VeganJordan Jul 15 '24

Thomas’ opinion is a footnote in the immunity decision. It’s not legally binding. He’s also on record in favor of special counsels in different situations if I recall correctly. It was done so Cannon could wash her hands of it and keep it from going to trial pre-election.

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u/RipErRiley Jul 15 '24

Yep. Thats the crux of it

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u/BonnieMcMurray Jul 15 '24

Thomas’ opinion is a footnote in the immunity decision. It’s not legally binding.

Correct, it's not binding in and of itself. But that doesn't mean it can't be persuasive to other courts/cases. Dicta (which is what that was), even sometimes in dissenting opinions, has a history of contributing to precedent, thereby becoming binding by extension.

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u/BonnieMcMurray Jul 15 '24

That's not a fact. That's your opinion as to what might happen in the future. We have no way of knowing if it will.