How Clarence Thomas Cleared Trump’s Path in Classified Docs Case
Supreme Court,Donald Trump,Clarence Thomas,Aileen Cannon,Classified Documents
A FEDERAL DISTRICT court dismissed the indictment against Donald Trump for taking classified documents when he left the White House, ruling on Monday that the special counsel who indicted the former president was not constitutionally appointed. Judge Aileen Cannon’s 93-page decision will almost certainly be appealed, but it virtually guarantees the case will not see significant progress before the election in November.
To rule as she did, Cannon had to sidestep longstanding Supreme Court precedent about independent prosecutors, which she decided was not precedent at all but instead mere “dictum” that need not be followed. This was precisely the path outlined by conservative Justice Clarence Thomas earlier this month in a decision regarding Trump’s prosecution for his role in the January 6 insurrection, where the constitutionality of the special counsel’s appointment was not even at issue.
None of the other Supreme Court justices signed onto Thomas’s concurring opinion, but Cannon cited it three times.
Related Coverage
AllSides Picks
Headline Roundup
CDC Declares End to Cyclospora Outbreak Despite Ongoing Investigations
September 11th, 2026
Headline Roundup
25th Anniversary of 9/11 Prompts Debate Over the Attack's Legacy
September 11th, 2026
News
What the Media Missed: Children Recovered, Heat Deaths Soared, and More
Malayna J. Bizier
September 12th, 2026
Misinformation Watch
Misinformation Watch: Was Zelenskyy’s Plane ‘Almost Hit’ by a Drone in Moldova?
Andy Gorel
September 12th, 2026
More News about Supreme Court
News from the Left
News from the Center
News from the Right
CNBC