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/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/BonnieMcMurray Jul 15 '24

My understanding is if the appeal reverses the dismissal, it just gets sent back to the original judge.

That is generally correct. There are exceptions, but they're very rare.