A former federal prosecutor predicts that the Supreme Court is likely to reinstate the indictment of Donald Trump’s classified documents, which was dismissed by Judge Aileen Cannon, a Trump appointee, due to concerns over the prosecutor’s appointment.
Trump faced 40 federal charges in Cannon’s court related to his handling of seized sensitive materials from his Mar-a-Lago estate after leaving office and allegedly obstructing federal authorities. Trump denies the charges, calling it a political witch hunt.
Neama Rahmani, a former prosecutor, expressed surprise at Cannon’s ruling and predicted a possible reversal by the 11th Circuit Court of Appeals. He suggested that if affirmed, the case might reach the Supreme Court, noting Judge Clarence Thomas’s interest in Cannon’s legal arguments.
Thomas had previously criticized the special counsel, citing concerns about the legality of the appointment, a role typically reserved for independent prosecutors in conflict of interest situations.
Rahmani highlighted the potential implications of Cannon’s ruling, suggesting it could impact the appointment of special counsels in other cases, referencing the Hunter Biden case prosecuted by David Weiss.
While federal appeals courts have historically upheld the government’s right to appoint special counsels, Cannon’s ruling raises questions about the constitutionality of such appointments.