Special Counsel Controversy: Legal Debates and Potential OutcomesSpecial Counsel Controversy: Legal Debates and Potential Outcomes The legal validity of the special counsel position has been a subject of ongoing discussion. U.S. District Judge Aileen Cannon’s recent decision to dismiss a case against former President Donald Trump and cast doubt on the legality of Special Counsel Jack Smith’s appointment marks a significant development. While Cannon’s ruling is isolated to her Florida jurisdiction, it does not directly affect Smith’s federal election interference case in the District of Columbia, due to established case law in that district. The Justice Department has the option to appeal Cannon’s order, which could take several months. Alternatively, they could dismiss the case in Florida and refile it elsewhere, such as the District of Columbia, where the alleged crime may have originated. This latter option, however, could present new challenges. The Justice Department should proceed with caution to avoid compromising its reputation by appearing biased. Regardless of the path taken, the Justice Department faces a formidable task in pursuing its case against Trump. As the legal battle continues, it is likely to be a protracted and challenging process.
This is an adapted excerpt from the July 15episode of “José Díaz-Balart Reports.”
The constitutionality of the special counsel position has been a matter of debate for years, but no court has ever done what U.S. District Judge Aileen Cannon did Monday. In her decision to dismiss the case of federal secret documents against Donald Trump and considers the appointment of special prosecutor Jack Smith unlawful, Cannon finds himself on a legal island.
Federal courts in the District of Columbia have clear case law on this issue, so Cannon’s decision in Florida shouldn’t have any immediate impact on Smith’s federal election interference case in D.C. But Monday’s decision isn’t exactly the end of the case in Florida, either. The Justice Department has already granted the special counsel permission to appeal the order, and I expect that appeal will be heard. That route will take some time, though: A briefing schedule, oral arguments, and a final decision by an appeals court could take months.
There is another, quicker option on the table. Technically, the Justice Department could dismiss their case in the Southern District of Florida — though Judge Cannon has already done that for them — and refile it somewhere else, like the District of Columbia. Venue, the place where a crime occurs, is a flexible concept. Many crimes occur in multiple places. I think there is a good faith argument that the case with the classified documents could have been filed in the District of Columbia, where the crime allegedly began, but that theory would present a separate set of challenges.
That said, I caution the Justice Department to take note. It’s bad for the Justice Department to come to a judgment. It makes the Department look bad. Normally in a trial, you’re stuck with the judge you get — sometimes it’s a good draw, sometimes it’s a bad draw. In my experience as a federal prosecutor, it’s usually a good draw, but if you get a bad draw, the only option is to go ahead and do your job.
As we await Jack Smith’s next move, one thing seems likely: the Justice Department has a long, tough job ahead of it.
This article was originally published on MSNBC.com
