As part of a deep dive into what happens next now that U.S. District Court for the Southern District of Florida Judge Aileen Cannon has tossed the case of the stolen documents filed against Donald Trump, one law professor suggested that what she has done amounts to nothing less than the "judicial malpractice."
According to the Washington Post, Cannon is likely on the road to reversal once the 11th Circuit Court of Appeals reviews her ruling with the possibility that she could be removed from the case.
As the report also notes her ruling may not matter should Trump be re-elected at which time who is expected to instruct the DOJ to drop the case or, in a separate scenario, he could appoint her to the very appeals court reviewing the case.
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Central to the review will be whether her contention that special counsel Jack Smith was un-constitutionally appointed by the DOJ, which flies in the face of previous rulings at the higher court level.
With the Post reporting, "legal experts, however, have joined former Justice Department officials and Smith’s legal team in saying her ruling ignores the history of special counsel appointments and flouts Supreme Court precedent," University of North Carolina law professor Michael J. Gerhardt, claimed it went beyond that.
“For a trial judge to ignore it is judicial malpractice,” he said while adding she has demonstrated a “pattern of bias that leads her to endorse wacky or unfounded arguments, and that’s a problem if you’re a judge.”
Bruce Fein, a former high-level Justice Department official, agreed and added, "Everything points in one direction. She is trying to ensure that Trump cannot be tried before November in hopes that if he’s elected he’ll shut down the prosecution."
The Post report added, "Whatever the 11th Circuit decides may be appealed to the Supreme Court, which issued several notable rulings favorable to Trump this term — including the sweeping grant of immunity."
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