On Monday, in an opinion that was shocking both for its reasoning and its timing, Judge Aileen Cannon dismissed the Mar-a-Lago classified documents prosecution against former President Donald Trump. She declared that Jack Smith's appointment as special counsel is unlawful under the Appointments Clause of the Constitution. Even given Cannon's clear bias and reckless handling of the case from the outset, this development is jaw-dropping. In the wake of the Supreme Court's anything-goes majority opinion on presidential immunity, we are witnessing the "MAGAfication" of the judiciary. Fittingly, Cannon has bookended her handling of this matter with the worst decisions we have seen a district court judge make in our collective half-century-plus of legal practice. In both instances, she bent over backward to help Trump avoid accountability. This is a preview of Norman Eisen, E. Danya Perry and Joshua Kolb's latest article. Read the full column here. |
