Judge Aileen Cannon’s stunning ruling dismissing the federal indictment against Donald Trump for mishandling classified documents is just wrong as a matter of constitutional law, but it can be easily overcome.
Cannon held that it is unconstitutional to have a special counsel appointed by the attorney general to handle a prosecution unless there is a specific law authorizing it. The simple solution is for Atty. Gen. Merrick Garland to treat the classified documents case as a crime like any other, one that doesn’t require a special counsel. He can direct a United States attorney to immediately refile the case in federal court, and under Cannon’s reasoning there would be no constitutional problems.
From the outset, Cannon, who was appointed to the federal district court bench by Trump, has handled the case in a way that seemed designed to protect him. For example, earlier she ruled that a higher standard had to be met to justify a search warrant for a former president. The federal court of appeals reversed this and said that the same standards apply under the 4th Amendment to everyone.
Source: Opinion: Judge Aileen Cannon is flat-out wrong, again – Los Angeles Times

Alexandria Ocasio-Cortez


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