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CNN —One year after bringing historic indictments against former President Donald Trump, the prosecutors left in special counsel Jack Smith’s office are gaming out legal options and bracing for retribution if Trump returns to the White House. In the event that Trump wins, staffers detailed to the special counsel’s office would have the option to go back to their home divisions within the Justice Department. But former prosecutors on the Trump case could face a difficult workplace, once Trump’s appointees are running the department. If Vice President Kamala Harris wins, the choices for the department and the special counsel’s office may be much simpler. “Just think of the chaos of it all – that, he [Trump] would love,” one of the former Justice Department officials said.
Persons: Donald Trump, Jack Smith’s, Trump, Smith, , “ He’s, I’m, Aileen Cannon’s, Smith didn’t, Cannon, David Raskin, Matt Olsen, , Smith’s, Kamala Harris, General Merrick Garland, Tanya Chutkan, Chutkan, CNN’s Evan Perez Organizations: CNN, Justice, Justice Department’s, Trump, Justice Department, Trump’s, Smith’s, Democratic, Department, DOJ, Prosecutors Locations: Florida, Washington
Routh’s attorneys noted the many instances when Trump has praised Cannon by name for her decision to toss the documents case, including during his acceptance speech at the Republican National Convention this summer. “I have no control over what private citizens, members of the media, or public officials or candidates elect to say about me or my judicial rulings,” Cannon wrote Tuesday. “This case, like the prior cited cases involving former President Trump, were randomly assigned to me through the Clerk’s random case assignment system. Special counsel Jack Smith is currently appealing Cannon’s dismissal of the documents case. I maintain no ongoing personal relationship with the prosecutor, nor have I communicated with him in years,” she said.
Persons: Aileen Cannon, Donald Trump, Cannon, Ryan Routh, Trump, ” Cannon, , , , Jack Smith Organizations: CNN, Trump, Republican National Convention, United States, Locations: Trump’s, West Palm Beach , Florida
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Hunter Biden asked a federal court in Delaware on Thursday to toss out his conviction in his gun case, citing the dismissal of charges against former President Donald J. Trump in his classified documents case in Florida. On Monday, a federal judge in Florida, Aileen M. Cannon, threw out the case against Mr. Trump, saying the special counsel overseeing his prosecution, Jack Smith, had been unconstitutionally appointed. Hunter Biden, President Biden’s younger son, who has been by his father’s side in recent days as the president faces mounting calls to exit the race, also cited a concurring opinion that Justice Clarence Thomas wrote when the Supreme Court expanded presidential immunity. In it, Justice Thomas raised doubts about how Mr. Smith got his job. Those decisions have given rise to unusual alliances: President Biden called the Supreme Court’s ruling “specious” and misguided, and his administration almost immediately signaled that it would appeal Judge Cannon’s decision.
Persons: Hunter Biden, Donald J, Trump, Aileen M, Cannon, Jack Smith, Biden’s, Clarence Thomas, Justice Thomas, Smith, Biden, Cannon’s Locations: Delaware, Florida
A separate special counsel, David Weiss, has been investigating Hunter Biden since 2018 and brought the separate gun and tax indictments against him last year. In fact, Hunter Biden tried but failed to get the gun and tax cases thrown out based on similar arguments. Reviving those arguments, Hunter Biden cited momentum from Trump-appointee Cannon and conservative Supreme Court Justice Clarence Thomas. Ironically, while Hunter Biden champions their rulings, many of his father’s allies have condemned them. At his gun trial, Hunter Biden was found guilty of buying and possessing a gun while abusing illegal drugs.
Persons: CNN — Hunter Biden, Aileen Cannon, Donald Trump, Joe Biden’s, Trump, Jack Smith, David Weiss, Hunter Biden, Biden, he’s, Weiss, , General Merrick Garland, Smith, Cannon, Clarence Thomas, Hunter, ” Hunter, Weiss ’, ” Cannon’s, Alexander Smirnov, Joe, Smirnov’s Organizations: CNN, Justice Department, Mr, Trump, Court, Hunter Biden, ex, FBI Locations: Delaware, California
It also was the capstone of her highly scrutinized handling of the historic Trump case, in which she was known to drag out the pretrial proceedings, entertain long-shot legal theories offered by the former president and issue cumbersome orders that flummoxed lawyers on both sides of the case. Well before Monday’s ruling, outside cheerleaders of the special counsel, including many Trump critics, were calling on Smith to seek Cannon’s removal from the case. None of Thomas’ eight colleagues signed on to his solo concurring opinion, as Smith noted in court filings last week arguing to Cannon that the concurrence should not bear on the classified documents case. The way she has managed her docket has kept the case at a snail’s pace, playing into Trump’s strategy of delay. Or it has happened when the judge has “repeatedly” refused to comply with the appeals court’s instructions on a particular issue in a case, he said.
Persons: Donald Trump, Aileen Cannon, Jack Smith, , Jon Sale, Cannon, Trump, Michael Moore, Obama, “ She’s, General Merrick Garland, Smith, Clarence Thomas, Jon May, , Thomas ’, Thomas, it’s, ” Moore, She’s, , Don Samuel, ” Samuel Organizations: CNN, Trump, Circuit, Smith Locations: Florida, Fort Pierce , Florida, Georgia, Mar
CNN —Special counsel Jack Smith said Wednesday that he is appealing a judge’s decision to throw out the indictment against Donald Trump concerning his handling of classified documents. This means the shock ruling would be reviewed by judges from the 11th US Circuit Court of Appeals based in Atlanta. Cannon in her ruling on Monday had said that Smith’s appointment as special counsel was unconstitutional, warranting the dismissal of the case against Trump. Her decision was at odds with the rulings of judges across the country that rejected attacks on the legality of special counsel appointments. Absent a move to speed the appeal in the Trump documents case, it will likely take several months for the appeal to play out in the Atlanta-based appeals court.
Persons: Jack Smith, Donald Trump, Aileen Cannon, Cannon, Trump, Mark Meadows, George W, Bush, Smith, Walt Nauta, Carlos De Oliveira —, Merrick Garland, Smith —, Clarence Thomas, Thomas Organizations: CNN, Trump, FBI, Trump White House, Justice Department, Supreme, Circuit Locations: Atlanta, Mar, Lago, Georgia, Fort Pierce , Florida, Washington ,, Florida , Alabama
To the Editor:Re “Judge Voids Case About Documents That Trump Held” (front page, July 16):It is rare that I read a news article that I describe as breathtaking, but Judge Aileen Cannon’s dismissal of Donald Trump’s classified documents case falls into this rare category. I may have been naïve in my belief that in the U.S. justice system, judges were in place to decide cases based on evidence and arguments before the court. The ruling highlights that individual judges are no longer arbiters but rather extensions of political parties. Steve ReichShort Hills, N.J.To the Editor:The timing of Judge Aileen Cannon’s dismissal of the classified documents case — right before the Republican convention — is so cynical and political. She must have been writing her 93-page opinion for a while, but she released it with impeccable timing to give Donald Trump a victory going into the opening of the convention.
Persons: Trump, Aileen Cannon’s, Donald Trump’s, we’ve, Steve Reich, , Donald Trump Organizations: Republican Locations: U.S, N.J
Judge Aileen Cannon had been on the federal bench for little more than a year when a senior judge offered to preside over one of her first criminal trials in her isolated south Florida courthouse. “It’s very lonely,” Senior Judge Paul C. Huck told CNN of Fort Pierce, a small fishing and citrus community on the edge of the Southern District of Florida where Cannon is the only federal judge. They also said Cannon’s lack of trial experience, both as a lawyer and a judge, is apparent. In her seven years as a Justice Department attorney, Cannon participated on the trial teams of just four criminal cases. And on the bench, she’s only presided over a handful of criminal trials — and Huck took over one of them.
Persons: Aileen Cannon, , Paul C, Huck, Cannon, , Donald Trump, She’s, she’s, Trump, Read Organizations: CNN, Southern, Southern District of, Justice Department Locations: Florida, Fort Pierce, Southern District, Southern District of Florida, America
She said Smith was unconstitutionally appointed as special counsel and that the funding of his office also violated the law. “It’s not just that this is an extreme argument about the Appointments Clause of the Constitution, it’s that it’s one that exactly one Supreme Court justice has endorsed and lots of precedent refutes,” said Steve Vladeck, a CNN Supreme Court analyst and professor at Georgetown University of Law. And Cannon’s opinion left open the possibility that the charges could be revived if brought by the Justice Department in a way not reliant on the current special counsel infrastructure. In other special counsel cases, defendants have not even bothered to bring the long-shot claims. The special counsel office has not yet weighed in on Cannon’s decision.
Persons: Aileen Cannon, Jack Smith’s, Donald Trump, Smith, Trump, , It’s, , Steve Vladeck, Clarence Thomas, coronate Trump, Monday’s, Michael Moore, “ She’s, Moore, Obama, Clarence Thomas Just, Cannon, Thomas ’, Thomas, Robert Mueller’s, David Weiss ’, Hunter Biden, , Justice Thomas, Mark Schnapp, it’s, ” Vladeck Organizations: CNN, Trump, CNN Supreme, Georgetown University of Law, Justice Department, Republican National Convention, House, Saturday, “ CNN, Appeals, Supreme Locations: Fort Pierce , Florida, Washington ,, South Florida, Robert Mueller’s Russia
There may be a path for Smith to revive the case, Cannon noted in her ruling, and Smith can appeal the decision. Cannon left open a potential pathway in her ruling for the classified documents case to be revived. (He is being prosecuted by a separate special counsel, David Weiss.) And during the Trump-Russia investigation, multiple Trump allies similarly attempted to derail special counsel Robert Mueller’s work. Former Attorney General Edwin Meese and Citizens United argued the same, writing that Smith’s appointment “severely undermines” the constitutional order.
Persons: Donald Trump’s, Aileen Cannon, Jack Smith, General Merrick Garland, Smith, Cannon, Trump, , , ” Cannon, Garland, Bill Barr, John Durham, Smith’s, it’s, Clarence Thomas The, Clarence Thomas, Thomas ’, Thomas, John Roberts, wasn’t, ” Thomas, Steve Vladeck, Joe Biden’s, Hunter Biden, David Weiss, Robert Mueller’s, James Pearce, Cannon’s, Edwin Meese, ” “ Organizations: Washington CNN, Trump, Republican National Convention, Republican, Justice Department, Senate, United, United States Attorney, Defense, Treasury, The, Prosecutors, CNN, Georgetown University Law Center, FBI, Former, Citizens United Locations: Milwaukee, United States, California, Delaware, Russia, Virginia, Washington, DC, Mar
Judge Aileen Cannon’s decision to throw out serious national-security criminal charges in the classified documents case against Donald Trump is legally unsupported, ignores decades of precedent and is deeply dangerous. Her decision is quite unlikely to survive the tests of time, or even the appeal Mr. Smith’s office said he intends to make. But it will further delay a case that has moved so slowly under her direction that it was already virtually certain it would never go to a jury before Election Day. Judge Cannon asserts that no law of Congress authorizes the special counsel. The special counsel regulations were drafted under specific congressional laws authorizing them.
Persons: Aileen Cannon’s, Donald Trump, Jack Smith, , Judge Cannon Organizations: United Locations: United States
CNN —Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump. In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon. In a filing last week, Trump’s lawyers brought to Cannon’s attention both the Supreme Court’s immunity ruling and the concurrence that Thomas wrote in that dispute. In response on Friday, Smith said that he agreed with Trump that both sides should file more briefing on how the high court’s immunity ruling affects the documents case. Cannon has not signaled yet how she’ll weigh the Supreme Court’s new ruling in the case before her.
Persons: Jack Smith, Clarence Thomas ’, Donald Trump, Smith, Thomas ’, , Aileen Cannon, ” Smith, Thomas, Cannon, Trump, CNN’s Holmes Lybrand Organizations: CNN, Trump Locations: Florida, Washington ,
CNN —Attorneys for former President Donald Trump are now seeking to use the Supreme Court’s presidential immunity decision to help him in his criminal case in Florida over the mishandling of classified documents. In a new court filing Friday, Trump’s team said they want an updated schedule in the federal classified documents case so they can argue points related to the Supreme Court decision. The decision “guts the Office’s position that President Trump has ‘no immunity’ and further demonstrates the politically-motivated nature of their contention that the motion is ‘frivolous,’” Trump’s attorneys wrote. The Supreme Court’s decision directly applies to the federal case over 2020 election subversion efforts in Washington, DC, but it could impact all four of the criminal cases against the former president. Trump’s attorneys argue the concurrence “adds force” to motions Trump has filed against how Smith was appointed and funded.
Persons: Donald Trump, Trump’s, Trump, , Clarence Thomas, Jack Smith’s, Smith, Aileen Cannon’s, Cannon, Thomas, Thomas ’, CNN’s Holmes Lybrand Organizations: CNN, White, Trump Locations: Florida, Washington ,, Fort Pierce , Florida
With Monday’s Supreme Court presidential immunity ruling likely preventing a trial in the federal election subversion case before the election, Trump is poised to avoid pre-election trials in the three most significant criminal prosecutions he faces. It will determine Trump’s legal fate. A Supreme Court ruling that hamstrings the DC federal subversion caseThe charges by special counsel Jack Smith alleging Trump subverted the 2020 election was the second to last of the four cases brought. “You can’t charge a former president for a crime for the first time in history without going to Supreme Court,” Cobb said. But the new Supreme Court immunity standard jeopardizes the use of much of that conduct in the case.
Persons: Donald Trump, Trump, won’t, , Ty Cobb, , ” Cobb, pardoning, Fani Willis, Paul Rosenzweig, Bill Clinton, Jamie Raskin, ” Raskin, Jack Smith, Tanya Chutkan’s, Smith, Smith’s, Cobb, John Roberts, Rosenzweig, Aileen Cannon, Cannon, She’s, she’s, she’d, Willis, Nathan Wade, it’s, Wade, Nathan Wade's, Kaitlan Collins, Fulton, Scott McAfee, Michael Moore, Moore, Barack Obama, ” Moore, CNN’s Lauren Fox, Zachary Cohen Organizations: CNN, Republican White House, Trump, Fulton, Department of Homeland Security, Maryland Democrat, DC, DC Circuit, White, Justice Department Locations: Manhattan, Russia, Georgia, Florida, , Fulton County
CNN —Judge Aileen Cannon wants to hold additional hearings on Donald Trump’s attempts to challenge key evidence in his classified documents case and will allow the former president’s lawyers to question witnesses about the investigation and search of Mar-a-Lago. Those issues were argued in hearings on Tuesday, but Cannon did not rule on the matters. The judge did not say when additional hearings would be held. The special counsel’s office has strongly opposed the need for additional hearings and Trump’s attempts to cut out parts of the case. Cannon has not set dates for the additional hearings yet.
Persons: Aileen Cannon, Donald Trump’s, Evan Corcoran, Cannon, , ” Cannon, Ty Cobb, Judge Cannon’s, CNN Cannon, Trump’s, Corcoran, Trump Organizations: CNN, FBI, Mar, Trump Locations: Florida, Lago, Mar, Trump’s Florida, Washington, DC
Cannon did not seem inclined to approve the limitations on Trump’s speech but did not immediately issue a ruling. The judge also heard arguments on Trump’s long-shot motion alleging that the special counsel’s office is being improperly funded. He said that while Trump is welcome to campaign, there should be certain limits when it comes to the safety of FBI agents on the case. “Steve Bannon making a comment is potentially the kind of thing that could send President Trump to jail,” Blanche said. Republicans on Capitol Hill have also tried to buckle down on the DOJ’s use of the special counsel’s office and its funding.
Persons: Aileen Cannon, Jack Smith’s, Donald Trump’s, Trump, Cannon, ” Cannon, David Harbach, Trump “, Harbach, , ” Harbach, ” Trump, Smith, Todd Blanche, Biden, ” Blanche, Blanche, “ Steve Bannon, James Pearce, Janet Reno, Pearce, Emil Bove, hadn’t, Bove Organizations: CNN, FBI, Department, Mar, Trump, Justice Department, , DOJ, Republicans, Capitol Locations: Fort Pierce , Florida, Lago
Trump is arguing that Jack Smith – who has brought charges against Trump in Florida and Washington, DC – was unlawfully appointed as special counsel. At the center of Trump’s argument is the claim that the Attorney General Merrick Garland does not have legal authority to appoint someone as special counsel who hasn’t confirmed by the Senate. The Justice Department says the attorney general has ample authority to appoint “inferior officers,” which would include special counsels. “This Court should hold as a matter of law that the Attorney General lawfully appointed the Special Counsel,” the attorneys wrote. Almost inverse from Trump, Biden argued that special counsel David Weiss was unlawfully appointed because he was already in the federal government and therefore not fully independent.
Persons: Donald Trump, Aileen Cannon, Trump, Jack Smith –, , Merrick Garland, hasn’t, , Trump’s, Cannon, Smith “, , Smith, Josh Blackman, Gene Schaerr, Matthew Seligman, I’ve, ” Blackman, Hunter Biden, Biden, David Weiss Organizations: Pierce , Florida CNN, Trump, Senate, The, Department, Republican, Fort Pierce, The New York Times, Citizens United, United, United States Government, Justice Department, State Democracy Defenders, CNN Locations: Pierce , Florida, Florida, Washington, Fort, United States
Shortly after Judge Aileen M. Cannon drew the assignment in June 2023 to oversee former President Donald J. Trump’s classified documents case, two more experienced colleagues on the federal bench in Florida urged her to pass it up and hand it off to another jurist, according to two people briefed on the conversations. The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said. But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment drew attention because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel. The extraordinary and previously undisclosed effort by Judge Cannon’s colleagues to persuade her to step aside adds another dimension to the increasing criticism of how she has gone on to handle the case.
Persons: Aileen M, Cannon, Donald J, Trump’s, Judge Cannon —, Cecilia M, Altonaga —, Judge Cannon, Trump, Judge Cannon’s Organizations: Southern District of, Mr Locations: Florida, Southern District, Southern District of Florida
CNN —Judge Aileen Cannon had been on the federal bench for little more than a year when a senior judge offered to preside over one of her first criminal trials in her isolated south Florida courthouse. In her seven years as a Justice Department attorney, Cannon participated on the trial teams of just four criminal cases. Still, Cannon has asked questions in the Trump case that appear out of left field. Her orientation toward such legal rabbit holes is not distinct to the Trump case, veterans of her courtroom say. Ultimately, nearly every attorney CNN spoke to said that Cannon, despite the criticism, is unwavering in her beliefs about how each case in her courtroom should proceed.
Persons: Aileen Cannon, , Paul C, Huck, Cannon, , ” Huck, I’d, Donald Trump, she’s, Trump, Cannon –, who’s, Lothar Speer, Jack, Cannon chalked, Cannon's, “ She’s, Lee Adams, Sr, Lynne Sladky, Smith, Jack Smith, Cannon testily, , they’ve, ” CNN’s Sara Murray Organizations: CNN, Southern, Southern District of, Trump White House, Justice Department, West Palm Beach, CNN Defense, Trump, Courthouse, FBI, Fort, Records, National Archives, Biden, Obama Locations: Florida, Fort Pierce, Southern District, Southern District of Florida, America, West Palm, Florida’s, Cannon, Fort Pierce , Florida
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Cannon is planning on holding a sprawling hearing on Trump’s request to declare Jack Smith’s appointment as special counsel invalid, signaling she could be more willing than any other trial judge to veto the special prosecutor’s authority. Wednesday, Cannon went further, adding a hearing on a gag order request from prosecutors to limit Trump’s rhetoric about law enforcement and allotting more time to hear arguments on the special counsel issue. Cannon’s signal of willingness to entertain challenges to the special counsel comes in the same week Republicans are bearing down on Attorney General Merrick Garland for his use of special counsels. A third group says the Department of Justice’s use of a special counsel should be upheld. Cannon still agreed to the hearing Trump wanted.
Persons: Aileen Cannon, Donald Trump’s, Cannon, Jack Smith’s, It’s, , Trump, Evan Corcoran, Hunter, didn’t, Paul Manafort’s, Robert Mueller’s, Andrew Miller, Roger Stone, General Merrick Garland, David Weiss, Hunter Biden, – Cannon, ” Bradley Moss, Edwin Meese, Michael Mukasey, Meese, Mukasey, Organizations: CNN, FBI, Trump, Southern District of, Justice Department, Republican Locations: Los Angeles and Delaware, Southern District, Southern District of Florida, Delaware, Washington ,
Federal Documents CaseImage The federal indictment against Mr. Trump in the documents case. The charges were brought by Jack Smith, the special counsel appointed to oversee the federal investigations into Mr. Trump. Credit... Jacquelyn Martin/Associated PressLast summer, Mr. Smith charged Mr. Trump with conspiring to subvert democracy and stay in power against the will of voters following his loss in the 2020 election. Georgia Election CaseImage Fani Willis, the Fulton County district attorney, at a hearing on the Georgia election interference case in March in Atlanta. Dozens of pretrial motions have yet to be resolved, including recent sparring over the precedent in a legal case from the 1890s.
Persons: Donald J, Trump, Jon Elswick, Jack Smith, Smith, Aileen M, Cannon, Cannon’s, Jacquelyn Martin, Tanya S, Fani Willis, Alex Slitz Mr, Fani, Willis, Nathan Wade, Scott McAfee, Wade, McAfee’s, Sidney Powell, Kenneth Chesebro, Jenna Ellis, Donald Trump Organizations: Washington , D.C, Mr, Associated Press, Department, Justice Department, Associated, Capitol, of Appeals, Trump Locations: Manhattan, Florida, Washington ,, Georgia, , Washington, Fulton County, Atlanta ., Fulton County ,
The decision by the judge, Aileen M. Cannon, was made solely on the procedural grounds that prosecutors working for the special counsel, Jack Smith, had failed to properly inform Mr. Trump’s lawyers before making their request. It left open the possibility that the prosecution could try again to restrict Mr. Trump’s remarks about the agents if it follows the procedural rules. As part of her decision, Judge Cannon also temporarily denied an attempt by Mr. Trump’s legal team to push back against the government. Mr. Trump’s lawyers had filed a counter-motion seeking to have the prosecutors’ request stricken from the record and to have sanctions imposed on Mr. Smith and his deputies for failing to follow the proper procedure. Those remain largely where they stood when the dispute between the defense and prosecution began on Friday evening.
Persons: Donald J, Trump, Aileen M, Cannon, Jack Smith, Trump’s, Judge Cannon, Smith, Cannon’s, Mr Organizations: Mr
US District Judge Aileen Cannon will hear arguments from defense attorneys on two separate bids to throw out charges in the case. Trump is accused by special counsel Jack Smith of taking classified national defense documents from the White House after he left office and of resisting the government’s attempts to retrieve the materials. Trump has obtained permission from the judge to skip Wednesday’s proceedings, which will start at 10 a.m. On Tuesday, hundreds of pages of previously sealed court filings were posted publicly as part of efforts by the former president to have the charges against him thrown out. She expressed “concern” the special counsel’s office had sought redactions of information in the newly unsealed filings after previously giving its OK for that information to be published in full in earlier court filings.
Persons: Donald Trump, Aileen Cannon, Walt Nauta, vindictively, Trump, Jack Smith, Carlos De Oliveira, Cannon, White, Donald Trump’s Mar, , she’s, ” Cannon, , Organizations: CNN, White, Nauta, Trump, US Department of Justice Locations: Florida, Lago, Fort Pierce , Florida, Palm Beach , Florida, Washington ,
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