The Lawfare Podcast

Lawfare Daily: Judge Cannon Dismisses Classified Documents Case Against Trump

Jul 16, 2024

Lawfare editors and legal experts discuss Judge Cannon's dismissal of Trump's classified documents' case due to Special Counsel Jack Smith's unconstitutional appointment. They analyze the Appointments Clause, potential appeal in the Eleventh Circuit, Justice Thomas's immunity concurrence, and implications for future government accountability and powers. Exclusive content and support for the Lawfare Podcast are highlighted.

57:21

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Episode guests

Alan Rozenshtein

Anna Bower

Natalie Orpett

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Episode notes

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Quick takeaways

Judge Cannon dismissed indictment against Trump due to unconstitutional appointment of Special Counsel Jack Smith.

Ruling questions constitutionality of prior special counsels and investigations, impacting legitimacy and appointment processes.

Implications of government appealing Judge Cannon's decision highlight potential remedies for appointment issues and future investigative efforts.

Deep dives

Judge Cannon's Decision on Special Counsel Jack Smith's Appointment

Judge Cannon made a ruling on whether special counsel Jack Smith was constitutionally appointed to bring an indictment against former President Trump. She dismissed the case, finding that Smith was not constitutionally appointed, basing her decision on the appointments clause and appropriations clause arguments.

Intro

2min

Dismissal of Classified Documents Case Due to Appointments Clause Issue

10min

Analysis of Special Counsel Appointment and Constitutionality

13min

Legal Conflict Resolution and Sponsorship Messages

4min

Legal Implications of Convening Authorities in Controversial Cases

26min

Dismissal of Case Involving Classified Documents

6min

Analysis of Government Efforts and Concluding Remarks

2min

On July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution.

In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit may rule on an appeal, how Justice Thomas’s immunity concurrence plays a role, and more.

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The Lawfare Podcast

Lawfare Daily: Judge Cannon Dismisses Classified Documents Case Against Trump

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

Judge Cannon's Decision on Special Counsel Jack Smith's Appointment

Legal Context and Background of the Appointment Issue

Potential Implications for Prior Special Counsels and Investigations

Options for Response and Future Legal Steps

Role of the Supreme Court and Possible Outcomes

Remember Everything You Learn from Podcasts