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
US-Canada Trade Negotiations Fail, Canada to Levy Retaliatory Tariffs
August 23rd, 2026
Headline Roundup
Trump Moves to Cut Beef Prices With Import Tariff Waiver
August 22nd, 2026
The Insight
The Insight: Back to School, Behind on Reading: Why America’s Literacy Crisis Persists
AllSides Staff
August 21st, 2026
Story of the Week
The Jason Arday Saga
AllSides Staff
August 20th, 2026