Garland is lashing out now that justice is finally being served.
U.S. Attorney General Merrick Garland has publicly rebuked Judge Aileen Cannon’s decision to dismiss the case against former President Donald Trump involving classified documents. Garland’s remarks come in response to Cannon’s recent assertion that Garland made a legal error by appointing Jack Smith as the special counsel to oversee Trump’s federal cases.
In a recent interview with NBC News, Garland firmly defended his actions, citing his extensive experience as a federal judge spanning over two decades. “Do I look like someone who would make such a fundamental mistake about the law?” Garland questioned. He reaffirmed the constitutionality and validity of the special counsel’s appointment, explaining that the Justice Department’s appeal was based on these principles.
The appointment of a special counsel is a standard procedure used to prevent conflicts of interest, especially when the case involves high-profile political figures from opposing parties. In this instance, Garland, a Democrat, appointed Smith to handle the investigation into Trump, a Republican. This move is intended to ensure impartiality and avoid any perception of bias.
Garland highlighted that the practice of appointing special counsels has long been upheld by the federal courts. “To date, every court that has reviewed the legality of appointing a special counsel, including the Supreme Court, has confirmed its constitutionality,” Garland noted. This includes a swift decision by the Justice Department to appeal Cannon’s ruling, who was appointed by Trump himself.
Trump is facing 40 federal charges related to his handling of classified materials from his Mar-a-Lago estate in Florida, as well as allegations of obstructing federal efforts to recover these documents. The former president, now the Republican frontrunner for the 2024 presidential race, has consistently denied the charges, labeling the investigation as a politically motivated attack.
Judge Cannon’s dismissal of the case on July 15 challenged the legitimacy of Smith’s appointment and his office’s funding. This decision followed prolonged disputes and delays in Cannon’s court. The Eleventh Circuit Court of Appeals has announced it will review Smith’s appeal of Cannon’s ruling.
Legal expert Neama Rahmani indicated that even if the Eleventh Circuit upholds Cannon’s decision, it is likely that the matter will proceed to the Supreme Court. Historical precedent supports the appointment of special counsels, dating back to investigations like those into President Richard Nixon.
Rahmani also pointed out that while most Supreme Court justices support the practice, Justice Clarence Thomas appears to be the sole justice inclined toward Cannon’s controversial legal arguments.
