BOSTON (WHDH) - Former federal prosecutor and 7NEWS legal expert Evan Gotlob on Monday reacted to Judge Aileen Cannon decision to dismiss the federal classified documents case against former President Donald Trump, calling the move a “tremendous setback” for federal prosecutors.
Cannon in her ruling cited Constitutional concerns about the appointment of special counsel Jack Smith.
Though the Justice Department can appeal Cannon’s decision, Gotlob said future of the case is not promising from the prosecution’s perspective.
“This is a huge problem for the Justice Department and Jack Smith’s office,” he told 7NEWS.
“This case alone, I don’t think there’s much of a future for it,” he continued.
Smith secured an indictment against Trump in this case last year, charging him with 37 counts related to the mishandling of classified documents.
The charges included counts of retraining classified information, obstructing justice, and making false statements after Trump allegedly brought sensitive materials to his Florida home after he left the White House in 2021.
Last month, though the Supreme Court granted former presidents immunity from criminal prosecution for “official acts” within the scope of the presidency.
While he said he does not agree with Cannon’s reasoning to dismiss the case because of the legality of Smith’s appointment, Gotlob said he already had concerns about the case.
“After seeing the Supreme Court ruling, I thought this case might be dismissed for other reasons,” Gotlob said. “But with this on top of that, I don’t think this case has lots of legs going forward.”
Gotlob said the prosecution’s next steps will likely involve filing a circuit court appeal. Beyond the circuit court, an appeal could lead back to the Supreme Court.
“That’s probably the strongest avenue to move forward on this case,” Gotlob said.
Trump was found guilty on charges in connection with his New York hush money case involving falsified business records earlier this year. He has not been sentenced, though, after his defense team raised new questions in the wake of the Supreme Court’s immunity decision.
Trump is also facing charges under two other indictments, including a state case in Georgia related to efforts to overturn the 2020 election, and a federal case related also related actions around the election. Trump’s federal case already went to the Supreme Court and was at the center of the court’s immunity ruling.
Trump, who survived an assassination attempt at a rally in Pennsylvania on Saturday, took to Truth Social on Monday to react to Cannon’s decision in his documents case.
“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,” he said, in part.
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