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US Attorney General Merrick Garland has torn into federal Judge Aileen Cannon over her unprecedented decision to throw out the classified documents case against Donald Trump.
In an interview with NBC News on Tuesday night, Garland slammed Cannon’s ruling from earlier this month and suggested she does not understand the law, after she ruled that the appointment of a special counsel to oversee the case was unconstitutional.
“For more than 20 years I was a federal judge,” Garland said.
“Do I look like somebody who would make that basic mistake about the law? I don’t think so.”
Two years ago, Garland invoked his power as head of the Justice Department to appoint Jack Smith as special counsel to oversee the investigation, and eventual indictment, into Trump’s alleged illegal retention of classified documents after leaving the White House.
An attorney general has the power to appoint a special counsel to investigate, and potentially prosecute, a case independently from the Justice Department when there may be a conflict of interest.
It’s a practice that dates back to 1875 and has been used in other high-profile cases including Watergate and the Whitewater controversy.
But, in an unprecedented decision earlier this month, Trump-appointed judge Cannon ruled that Smith’s appointment was unconstitutional because Congress should have the authority to approve and fund special counsels under the Appropriations Act.
Cannon’s argument was, seemingly, largely inspired by Supreme Court Justice Clarence Thomas’s concurring opinion in Trump v. United States.
Her ruling meant that the entire classified documents case against Trump was thrown out.
Smith is currently appealing Cannon’s ruling.
While Smith was tasked with investigating the former president, it was a grand jury that chose to return a 38-count indictment against him charging him with wilfully and knowingly retaining classified documents, some containing national security information, after leaving office.
“Until now, every single court, including the Supreme Court, that has considered the legality of special counsel appointment has upheld it,” Garland told NBC News.
The attorney general also threw shade at Cannon, by explaining that he deliberately chose the location of the interview with NBC News.
“I picked this room for this interview. This is my favorite room in the Justice Department,” Garland said.
“It’s a law library.”
