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By Aila Slisco
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Special Counsel Jack Smith may have been handed "good news" in the form of U.S. District Judge Aileen Cannon dismissing the classified documents case against former President Donald Trump, according to a former federal prosecutor.
Cannon, who was appointed to the bench by Trump and has frequently been accused of displaying bias in his favor, dismissed the case by ruling on Monday that Smith's appointment as special counsel by Attorney General Merrick Garland was unconstitutional.
The move came two days after Trump survived an assassination attempt during a rally in Pennsylvania and shortly before he was expected to officially be nominated as this year's GOP presidential nominee at the Republican National Convention in Milwaukee.
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Barbara McQuade, a former U.S. Attorney for the Eastern District of Michigan, said on Monday in a post to X, formerly Twitter, that Cannon's decision may lead to the documents case being revived through an appeal that could see her thrown off of the case.
"Dismissal of Trump documents case may actually be good news for Jack Smith, who can now immediately appeal to 11th Circuit and ask for case to be reassigned to a new judge," McQuade wrote. "But more delay ..."
Newsweek reached out for comment to Smith's office via email on Monday.
"It was inevitable that Jack Smith would have to seek Judge Cannon's removal," Palm Beach County State Attorney Dave Aronberg told Newsweek via direct message on X. "It will not be as strong of a disqualification motion now that [U.S. Supreme Court] Justice [Clarence] Thomas wrote a concurring opinion in the immunity case that provided a roadmap for Judge Cannon to follow.
"Not a great day for the rule of law, and this case goes away entirely if Trump is elected."
Trump praised Cannon's decision in a post to Truth Social on Monday, attempting to tie the dismissal of the case to his assassination attempt. The former president suggest that the country would be united by wiping out his legal woes, which he claimed were part of a "conspiracy" by Democrats and President Joe Biden.
"As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts," Trump wrote.
"The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden's Political Opponent, ME," he added. "Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"
Update 7/15/24, 5:15 p.m. ET: This article has been updated to include additional context and information.
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