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Weissmann Highlights Opportunity for 11th Circuit to Review Judge Cannon

 July 16, 2024

Former Assistant U.S. Attorney Andrew Weissmann discussed the recent dismissal of former President Donald Trump's classified documents case in Florida by Judge Aileen Cannon on MSNBC's "Ana Cabrera Reports." Weissmann suggested that the 11th Circuit might consider action against Judge Cannon if they deem the dismissal frivolous.

Breitbart reported that Judge Cannon's dismissal was procedural and not based on the case's merits.

Judge Cannon's dismissal has sparked significant discussion due to its procedural nature. Weissmann pointed out that the grounds for dismissal were previously rejected by three other courts, including those in the District of Columbia and the Eastern District of Virginia. This raises questions about the legitimacy of the dismissal and its potential consequences.

Potential 11th Circuit Response

Weissmann emphasized that the 11th Circuit Court of Appeals or even the Supreme Court could address the procedural issues raised by Judge Cannon's decision.

He highlighted the importance of understanding that the dismissal did not evaluate the case's merits but rather focused on procedural aspects.

"I think it's really important what Barb said, to think about the next steps because this is not a decision on the merits; it's about the procedure that was used," Weissmann stated.

"While I think that the bulk of the law, the balance of the law, is squarely against Judge Cannon, this is something that the 11th Circuit or the Supreme Court can remedy."

Opportunity for Judge Cannon's Removal

Weissmann suggested that the 11th Circuit might see this as an opportunity to remove Judge Cannon if they deem her dismissal grounds frivolous.

He mentioned that multiple courts had previously rejected the decision, adding weight to the argument that the dismissal may not hold up under scrutiny.

"It is also an opportunity for the 11th Circuit to remove Judge Cannon if they think that this is a particularly frivolous ground, something that had been rejected by three D.C. and Eastern District of Virginia courts," Weissmann said.

He also noted that this situation might give special counsel Jack Smith a chance to consider a different venue for bringing the charges.

Potential Venue Change for Charges

Weissmann believes the dismissal could prompt Jack Smith to reconsider the venue for the case, potentially finding strategic advantages despite delays caused by having the case before Judge Cannon.

"Many people were critical of him. I was not one. I think he played it straight and brought the charges where the actual facts were," Weissmann noted. "He now has many, many options. The biggest downside, which is the delay, was already present because the case was in front of Judge Cannon. In many ways, this is an upside."

Procedural Grounds Questioned

The procedural nature of Judge Cannon's dismissal is under scrutiny, with Weissmann and others questioning its grounds. Higher courts could address the issues, possibly reversing the dismissal or providing other remedies.

Delays have occurred due to the case being in Judge Cannon's court. Weissmann's comments highlight ongoing legal battles and potential shifts in strategy from this dismissal.

Conclusion

Judge Aileen Cannon's procedural dismissal of former President Donald Trump's classified documents case has sparked significant discussion and speculation. Andrew Weissmann highlighted on MSNBC the potential for the 11th Circuit to review and possibly remove Judge Cannon if the dismissal is deemed frivolous.

The dismissal, previously rejected by other courts, raises questions about its validity. Special counsel Jack Smith may reconsider the venue for the charges despite delays.

Higher courts, including the 11th Circuit and the Supreme Court, could resolve the procedural issues and influence the case's future direction.