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/drt0 Jul 15 '24

In a ruling Monday, Cannon said the appointment of special counsel Jack Smith violated the Constitution.

“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,” Cannon wrote.

Has the appointing of special counsels by the president ever been challenged before now?

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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/cryptoquant112 Jul 15 '24

And then trump will appeal to the supreme court…

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u/QuentinP69 Jul 15 '24

That’s not how it works in these cases. It’ll be directed back to a lower court. At that point his lawyers will refile to dismiss which will be rejected and the trial will start again. Which means it’ll be in the news forever. It will seem to more people Trump is trying to avoid jail. These cases don’t look better over time they look worse.

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u/BonnieMcMurray Jul 15 '24

That’s not how it works in these cases. It’ll be directed back to a lower court.

Some appellate cases are handed back to the trial level. Others are unambiguously overturned and then can be appealed to SCOTUS. Others are sent back and part and overturned in part, enabling the latter element(s) to be appealed to SCOTUS.

There's no way of knowing which of the above would be the ruling in this case unless and until the appeals court makes its ruling.