Judge Cannon Issues Ruling That Could Lead To Dismissal Of Trump Documents Case

Judge Aileen Cannon has granted former President Donald Trump’s motion to pause the Biden Department of Justice’s classified documents case against him in Florida after the Supreme Court ruled in favor of presidential immunity.

Veteran reporter Julie Kelly reported that Trump’s legal team filed the motion — which called for a pause in proceedings while the impact of the immunity decision is weighed — on Friday. “President Donald J. Trump respectfully submits this motion for (I) leave to file supplemental briefing regarding the implications of Trump v. United States for the pending Presidential-immunity motion, ECF No. 324; and (2) a partial stay of further proceedings-with the exception of the pending gag-order motion, ECF No. 592-until President Trump’s motions based on Presidential immunity and the Appointments and Appropriations Clauses are resolved,” reads the motion.

“A partial stay that pauses CIPA and other litigation is warranted based on the reasoning in Trump, and such a stay would be consistent with DOJ policies and practices that the Special Counsel’s Office claims to be bound by but is largely ignoring,” the motion continued. “Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the Presidency arising from this unconstitutional investigation and prosecution. A partial stay is also appropriate to prevent further exploitation of judicial institutions and resources by Executive Branch personnel in connection with the shameful ongoing lawfare campaign.”

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In an X post, Kelly reported that Cannon set a briefing schedule on immunity matter through this month. It is likely that she will schedule a hearing sometime in August.

Trump’s legal team also referenced the opinion from Justice Clarence Thomas, who argued that Smith’s appointment was unconstitutional.  “If this unprecedented prosecution is to proceed, it must be conducted by someone solely authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Thomas wrote.

Cannon is currently considering a separate motion to dismiss the case based on unlawful appointment of the special counsel. That motion was debated at a hearing last month.