Trump Special Prosecutor Ruling Could Find Favor On Appeal – Law360

Trump Special Prosecutor Ruling Could Find Favor On Appeal - Law360




Opinion Editorial on Judge’s Dismissal of Trump Case

U.S. District Judge Aileen Cannon’s Dismissal of Trump Case Could Find Support Among Appellate Judges

On July 16, 2024, U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida, citing the unconstitutional appointment of a special prosecutor. While few other jurists have taken this position, experts suggest that some appellate judges may find her reasoning persuasive.

The Legal Rationale Behind Judge Cannon’s Decision

Judge Cannon based her decision on the fact that the special prosecutor who was appointed to investigate Trump’s conduct did so without proper authority. In her opinion, this rendered the entire investigation unconstitutional and any evidence gathered as a result of the investigation inadmissible in court. This ruling could have significant implications for the future use of special counsels in criminal investigations.

The Implications of Judge Cannon’s Ruling

While Judge Cannon’s decision has been controversial, legal experts suggest that it could be persuasive to appellate judges if the case is appealed. If her reasoning were to be adopted by other courts, it could result in the dismissal of criminal cases across the country if it is found that the special prosecutor’s appointment was unconstitutional.

Legal Trends and Developments: Key Takeaways

  • The appointment of special prosecutors has historically been controversial, with some arguing that it gives prosecutors too much unchecked power.
  • Judge Cannon’s decision to dismiss the case against Trump on the basis of an unconstitutional appointment could have far-reaching implications for future criminal investigations that use special counsels.
  • The case is expected to be appealed, and Judge Cannon’s reasoning could potentially be adopted by appellate judges across the country.

Long-Tail Keywords

  • U.S. District Judge Aileen Cannon
  • Dismissal of Trump Case
  • Unconstitutional Appointment
  • Special Prosecutor
  • Appellate Judges
  • Criminal Investigations
  • Special Counsels


Originally Post From https://www.law360.com/legalethics/articles/1858850/trump-special-prosecutor-ruling-could-find-favor-on-appeal

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