The Current Status of the Trump Documents Case

The Trump documents case, which has been a contentious issue in recent legal proceedings, has faced another significant development as Judge Cannon has dismissed the case on the technical grounds that a Special Prosecutor is unconstitutional. This dismissal has sparked debate and potential legal maneuvering. With Special Prosecutor S. P. Jack Smith potentially appealing this decision, the outcome of the case is far from settled.

Proceedings and Potential Appeals

Smith's next step, assuming the case is dismissed by Judge Cannon, would be to appeal the decision to the United States Court of Appeals for the Eleventh Circuit. This is a common recourse for litigants who believe a judge has erred. However, it is important to note that appellate courts rarely, if ever, reverse a trial court decision and instruct the case to be heard by a different judge. This has happened extremely seldom, if at all.

Historical Precedents and Settling

I had a case in the Ninth Circuit where I was convinced that the judge was biased against my client. Despite my repeated appeals, the court kept sending the case back to the same judge. It became clear that no matter how the case was argued, the outcome was predetermined. Finally, we settled to avoid further legal battles. This outcome is likely to be extremely rare in this situation.

Unconstitutional Appointment of Special Prosecutor

It's worth considering the validity of the appointment of Special Prosecutor Jack Smith. If the appointment was illegal, as some suggest, the likelihood of a successful appeal and the removal of Judge Cannon via this legal route becomes even more tenuous. The constitutional implications of such an appointment are significant and could be a point of contention in future court proceedings.

Impeachment and Court Transfer

The ability to move to have a judge removed from her position or to have a case transferred to another judge is limited. Judge Cannon's decision may not align with the expectations of the parties involved, but it does follow the opinion of one Supreme Court judge. It's also important to consider the possibility that, should this case ultimately reach the Supreme Court, the justices may agree with Judge Cannon or take a different stance based on their individual opinions.

Ancillary Documents and Arguments

Reading the amicus brief filed by Meese and Mukasey offers valuable insights into the complexities of the case. Their arguments provide a compelling rationale for why the dismissal may stand. The brief underscores the potential implications of the legality of the appointment, further complicating the legal landscape.

Outlook and Controversies

This situation is likely to become quite complex and contentious. The ploy of dismissing the case on the grounds of an unconstitutional special prosecutor has been attempted before and unsuccessful, particularly in the case of Clinton's defense team. Therefore, the likelihood of this appeal succeeding is low. It is almost certain that the case will be immediately appealed and possibly make its way to the Supreme Court.

Based on the current state of affairs, it is difficult to predict the outcome. My personal gut reaction is that Special Prosecutor Jack Smith may prevail, as the Supreme Court has not always demonstrated impartiality in related cases. However, the legal intricacies and potential outcomes make the future of the case highly uncertain.