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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
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
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. It was one of the best jobs I've ever had, and I've had a lot of jobs. I also realized that at 57, I'm no longer willing to do work I'm not genuinely interested in. My passion is writing, and I've finally reached a point where I'm fortunate to be able to pursue it. When I called my son to tell him the job didn't work out he said, "From now on, passion projects only."
Persons: , I've, I'm, I'd, résistance, Kelly Ripa's, wouldn't Organizations: Service, Business, Cinco de Mayo, Philadelphia Eagles Locations: waitressing, , Cinco de
Special counsel Jack Smith on Wednesday filed a notice appealing the stunning decision earlier this week by Florida court federal Judge Aileen Cannon that dismissed the criminal classified documents case against former President Donald Trump. Smith's appeal, which was expected, will be heard in the 11th Circuit U.S. Court of Appeals in Atlanta, which reviews cases arising from Florida federal courts. Peter Carr, a spokesman for Smith, said Wednesday, "We have no comment beyond the filing itself at this time." The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately." The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.
Persons: Jack Smith, Donald Trump, Smith, Aileen Cannon, Cannon, Trump, Peter Carr, Carr, Steven Cheung, Joe Biden Organizations: 11th Circuit U.S, Trump, U.S . Constitution, White, Witch, Democrat, Department, U.S, Supreme, Republican, Washington , D.C, U.S . Senate, Smith's Locations: Washington , U.S, Florida, Atlanta, U.S ., Lago, U.S, Washington ,, United States
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
CNN —A federal judge’s decision to toss out Donald Trump’s classified documents criminal case means the former president can now talk to his co-defendants and potential witnesses about what happened at Mar-a-Lago without facing consequences. That means Trump, his co-defendants and potential witnesses against them are no longer barred from discussing the case among each other. De Oliveira remains the property manager at Trump’s Mar-a-Lago Club in Florida. Such conditions are the norm in the federal district where the criminal case was brought. De Oliveira was “elated” Cannon dismissed the criminal case against him and the former president, his attorney John Irving told CNN.
Persons: Donald Trump’s, – Walt Nauta, Carlos De Oliveira –, Trump, De Oliveira, Aileen Cannon, Jack Smith, General Merrick Garland, ” Cannon, John Irving, ” Irving, Organizations: CNN, Southern, Southern District of, Trump, Republican National Convention, Trump’s, Lago, Prosecutors, Mar, The Justice Locations: Mar, Southern District, Southern District of Florida, Milwaukee, Florida
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
Thousands of Trump supporters in Milwaukee on Monday night hailed their leader, elevating him from MAGA superhero to saint-like status. For Trump’s millions of American fans, Monday night was a validation of their faith in God and the ex-president and the righteousness of his mission. A list of Black Republican and female Republican lawmakers gave speeches, offering a somewhat misleading perception that the GOP has a deep and diverse bench. One GOP source said speechwriters at the convention had thrown out all their pre-written material for the week’s top speakers and started again. The ex-president has a new chance at politics and life in the wake of his assassination attempt.
Persons: Donald Trump, MAGA, Trump, Sen, JD Vance, Ohio, He’s, , , South Carolina Sen, Tim Scott, Providence, Kristi Noem, “ Nobody, They’ve, Marjorie Taylor Greene –, , president’s, Trump’s, Hell, Joe Biden’s, he’d, Corey Comperatore —, Wisconsin Sen, Ron Johnson, Vance, Biden, ” Vance, Aileen Cannon, Jack Smith’s, … ” Trump, Elise Stefanik Organizations: CNN, Republican National Convention, Trump, Milwaukee Bucks NBA, America . South Dakota Gov, ” Georgia, Republican, Capitol, Washington Examiner, GOP, Wisconsin, Democrat, Florida, Washington , D.C, Democrat Justice Department, ” New York, Justice Department Locations: Pennsylvania, Milwaukee, American, South Carolina, America ., America, Washington, Ohio, New York, Florida, Washington ,
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
PinnedUpdated July 15, 2024, 10:28 a.m. ETA federal judge dismissed in its entirety the classified documents case against former President Donald J. Trump on Monday, ruling that the appointment of the special counsel, Jack Smith, had violated the Constitution. The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been named. And in a single swoop, it removed a major legal threat against Mr. Trump on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president. Mr. Smith’s team will almost certainly appeal the ruling by Judge Cannon throwing out the classified documents indictment, which charges Mr. Trump with illegally holding onto a trove of highly sensitive state secrets after he left office and then obstructing the government’s repeated efforts to retrieve them.
Persons: Donald J, Trump, Jack Smith, Aileen M, Cannon, Smith, Judge Cannon, Smith’s Organizations: Senate, Mr, Republican National Convention
Judge Dismisses Classified Documents Case Against Trump
  + stars: | 2024-07-15 | by ( Alan Feuer | ) www.nytimes.com   time to read: +1 min
The federal judge overseeing former President Donald J. Trump’s classified documents case threw out all of the charges against him on Monday, ruling that Jack Smith, the special counsel who filed the indictment, had been given his job in violation of the Constitution. In a stunning decision delivered on the first day of the Republican National Convention, the judge, Aileen M. Cannon, found that Mr. Smith’s appointment as special counsel was improper because it was not based on a specific federal statute and because he had not been named to the post by the president or confirmed by the Senate. She also found that Mr. Smith had been improperly funded by the Treasury Department. The ruling by Judge Cannon, who was put on the bench by Mr. Trump in his final year in office, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been put into their posts.
Persons: Donald J, Trump’s, Jack Smith, Aileen M, Cannon, Smith’s, Smith, Judge Cannon, Trump Organizations: Republican National Convention, Senate, Treasury Department, Mr
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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
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
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
The bombshell ruling by Judge Aileen Cannon in the U.S. District Court for the Southern District of Florida — who was appointed to that position by Trump — ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania. A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump and two co-defendants, ruling that the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution. The ruling is just the latest in a series of controversial rulings and decisions by Cannon that have been seen as favoring Trump. Trump still faces three other pending criminal prosecutions, all of which he had referenced in his Truth Social post. It is not clear yet how that ruling will affect the election case against him.
Persons: Trump's, Walt Nauta, Carlos De Oliveira, Trump, Judge Aileen Cannon, Trump —, Donald Trump, Jack Smith, Cannon, General Merrick Garland, , Joe Biden's, Joe Biden, Tanya Chutkan, Chutkan Organizations: Republican National Convention, GOP, Southern, Southern District of, Trump, White, U.S . Constitution, U.S, Supreme, U.S . Senate, Washington , D.C, Manhattan, Democrat Justice Department Locations: Lago, Milwaukee, U.S, Southern District, Southern District of Florida, Pennsylvania, Florida, U.S ., United States, Washington ,, York, Georgia, Washington
On Monday, Trump got another victory, at least for now: Judge Aileen Cannon dismissed the federal government's classified documents case against him. July 13: Surviving an assassination attemptAt a rally in Butler, Pennsylvania on Saturday, Trump narrowly avoided an attempt on his life. AdvertisementBut there's also no denying the political advantage that the attempted assassination gives Trump. Trump was escorted off-stage as Evan Vucci snapped his now-famous photo of the former president after an assassination attempt. Judge Aileen Cannon dismissed the federal government's classified documents case against Trump, ruling that the appointment of special counsel Jack Smith was unconstitutional.
Persons: , Donald Trump, Joe Biden, Trump, Aileen Cannon, Biden, Kevin Dietsch, I'm, God I'm, there's, credibly, Evan Vucci, There's, Jack Smith, isn't, Smith, Cannon Organizations: Service, Republican, Convention, Democratic Party, Business, Biden, Trump, Democrats, Democratic, New York, Capitol, RNC, Supreme, Senate, Republicans Locations: Butler , Pennsylvania
CNN —A federal judge on Monday dismissed the classified documents case against Donald Trump, a shock ruling that clears away one of the major legal challenges facing the former president. In a 93-page ruling, District Judge Aileen Cannon said the appointment of special counsel Jack Smith violated the Constitution. She did not rule on whether Trump’s alleged mishandling of classified documents was proper or not. Even though a trial before the presidential election was considered highly unlikely, many legal experts had viewed the classified documents case as the strongest one of the four cases that were pending against the former president. Smith had charged Trump last year with taking classified documents from the White House and resisting the government’s attempts to retrieve the materials.
Persons: Donald Trump, Aileen Cannon, Jack Smith, ” Cannon, Cannon, Trump, , Smith, , Clarence Thomas, James Pearce, , Justice Department “, it’s Organizations: CNN, Republican National Convention, Truth Social, Justice Department, White, Trump, DOJ, United, United States Attorney Locations: Washington , DC, Georgia, New York, United States
US District Judge Aileen Cannon — who was appointed to the bench by Trump while he was president — ruled Monday that the appointment of Justice Department Special Counsel Jack Smith, who is overseeing the prosecution, was unconstitutional. The legality of Justice Department special counsels has been the subject of some debate over the past two decades. Since then, the US Attorney General has appointed special counsels with less authority while relying on internal Justice Department regulations. AdvertisementDefense lawyers in special counsel investigations have routinely argued the appointment of these newer special counsels is unconstitutional. His lawyers had signaled that, on appeal, they would challenge the legality of appointing a special counsel in the first place.
Persons: Trump's, Lago, Aileen Cannon —, , Jack Smith, Smith, Trump, Cannon, Jean Carroll's, Carroll, defaming, Ronald Reagan's, Bill Clinton's, General, Clarence Thomas, Robert Mueller, Hunter Biden, David Weiss Organizations: Trump, Business, White, FBI, Justice, Congress, Justice Department, Appeals, US, Defense Locations: Mar, Lago, Florida, Manhattan, Georgia, Iran, United States
Even before her bombshell decision on Monday to dismiss former President Donald J. Trump’s classified documents case, Judge Aileen M. Cannon had made any number of unorthodox rulings. In fact, since Judge Cannon took control of the case in June 2023, many of her decisions have been so outside the norm that they have fueled intense criticism of her legal acumen, stoked questions about favoritism toward Mr. Trump and slowed the documents case sufficiently that it would not come to trial before Election Day. Still, almost no one, including some defense lawyers working on the case, expected Judge Cannon to throw out the charges against Mr. Trump by ruling that Jack Smith, the special counsel who filed the indictment, had been unconstitutionally appointed to his job — especially on the first day of the Republican National Convention. The ruling upended 25 years of Justice Department procedure for naming and governing special counsels and called into question decisions by previous courts reaching back to the Watergate era.
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon, Trump, Jack Smith Organizations: Mr, Republican National Convention
She wrote the Special Counsel failed to brief her on other remedies beyond dismissal. "Startlingly, the Special Counsel submitted nothing" during a "lengthy hearing," Cannon wrote. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . AdvertisementJudge Aileen Cannon didn't just throw out the criminal charges alleging Donald Trump mishandled classified documents — she also suggested Special Counsel Jack Smith didn't take her seriously enough. The legality of special counsels has been debated for years, and Cannon wrote Monday that Congress needs to bestow such legal powers.
Persons: Aileen Cannon, Trump's, Cannon, , Aileen Cannon didn't, Donald Trump, Jack Smith didn't, Smith Organizations: Service, Business
For the most part, my husband and I focus on the things that matter and avoid the ones that don't. So when my kids want to play outside and get dirty, we let them — we even encourage it. Their imaginations have let them build cities, slop in mud troughs like pigs, and fill the kiddie pool with dirt — and it's all fair game. But I have a solution there, too: I don't let it bother me. We also don't mind when they wrestle, though we do have a few rulesWe have a similar outlook on wrestling.
Persons: Garfunkel Organizations: Service, Business, Wrestling
“I totally transformed the federal judiciary,” Trump boasted at a summit hosted by the right-wing Moms for Liberty group last summer. “Many presidents never get the opportunity to appoint a Supreme Court justice. But as Trump drives toward a potential second term, one thing is clear: He’s just getting started. (Project 2025 is the policy playbook crafted by the conservative Heritage Foundation for a potential second Trump term.) That intent for vengeance could set the bar for nominations and administration lawyers alike in a second Trump term.
Persons: CNN —, Donald Trump, , ” Trump, Trump, ” Gregg Nunziata, Joe Biden, , Antonin Scalia, Samuel Alito, Clarence Thomas, It’s, Alito, Thomas aren’t, Skye Perryman, it’s, Trump’s, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett –, “ Will, Hugh Hewitt, Mitch McConnell, I’ve, ” McConnell, Wade, Aileen Cannon –, ” Donald B, George H.W, George H.W . Bush, that’s, they’ve, Fox News ’ Sean Hannity, ” Will Chamberlain, Ron DeSantis, John Eastman, “ We’ve, ” Eastman Organizations: CNN, Liberty, Trump, Republican Party, Society, Federalist Society, Democracy, Heritage Foundation, Republican, EPA, Biden, Fox News, III, Florida Gov, Conservatism Conference Locations: , Los Angeles, kilter, Dallas, Trump’s, Florida, George H.W ., Washington
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 ,
The combination of recent Supreme Court rulings on presidential power with the Democratic Party’s nomination crisis in the wake of Joe Biden’s disastrous debate performance has significantly improved Donald Trump’s prospects — not only his odds of once again becoming president, but also of enacting a sweeping authoritarian agenda. Trump’s debt to the six-member conservative majority on the Supreme Court is twofold. First, their delay. By waiting until the last day of the court’s term to issue their decision on Trump’s immunity claims, the justices effectively prevented prosecution of federal criminal charges against him before the election. “By shielding Donald Trump from standing trial before a jury in two of his felony cases,” Michael Podhorzer, a former political director of the AFL-CIO, writes in a post on his Substack, Tipping the Scales, “Trump’s three appointments to the Supreme Court, along with the even more MAGA Justices Alito and Thomas and Judge Aileen Cannon, have already irreparably interfered in the 2024 election.”Second, the substance of the July 1 ruling in Trump v. United States has convinced Trump and his allies that they will face few legal obstacles if they pursue a radical reconstruction of government — a “second American Revolution,” in the words of one loyalist — if Trump regains the White House on Nov. 5.
Persons: Joe Biden’s, Donald Trump’s, , Donald Trump, ” Michael Podhorzer, , MAGA, Alito, Thomas, Aileen Cannon, , Trump Organizations: Democratic, AFL, Trump v . United, Trump Locations: Trump v, Trump v . United States
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