Former FBI General Counsel Andrew Weissmann joins José Díaz-Balart to explain more on Judge Cannon dismissing former President Trump's classified documents case.
In 1974, the Supreme Court seemingly approved a special prosecutor’s authority in then-President Richard Nixon’s case over the Watergate tapes subpoena. But in dismissing the classified documents case against Donald Trump on Monday, U.S. District Judge Aileen Cannon rejected language from that Supreme Court ruling to find that Jack Smith was unlawfully appointed as special counsel against the former president.
Therefore, the Trump appointee wrote, “Nixon’s passing remarks on that point are not binding precedent.” Cannon further said that she disagreed with rulings from the D.C. federal appeals court that approvingly cited Nixon, including a 2019 ruling against a challenge to special counsel Robert Mueller’s appointment. Cannon sits in a different federal circuit , so she isn’t bound by D.C. Circuit precedent.
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