Legal Analyst Explains How Aileen Cannon Just Gave GOP ‘Unwelcome Surprise’

Following the recent dismissal of former President Donald Trump’s classified documents case, legal analyst and attorney Glenn Kirschner explained on Saturday how Judge Aileen Cannon just gave the GOP an “unwelcome surprise” when it comes to Hunter Biden and his ongoing legal issues.

Cannon, who was appointed to the bench by Trump in 2020, dismissed the former president’s classified documents case arguing that Department of Justice (DOJ) special counsel Jack Smith’s appointment was unconstitutional and that her decision was supported by Supreme Court Justice Clarence Thomas’ opinion in the highest court’s presidential immunity case.

Trump was facing 40 federal charges over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after he left the White House in January 2021. He was also accused of obstructing efforts by federal authorities to retrieve them. He pleaded not guilty.

However, Smith filed a notice of appeal of Cannon’s ruling last week and wrote, “The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024, Docket Entry 672.”

Speaking on Brian Tyler Cohen’s YouTube channel on Saturday in a video titled, “Republicans hit with unwelcome SURPRISE thanks to Judge Cannon,” Kirschner, a former assistant U.S. attorney and frequent Trump critic, discussed Cannon’s ruling.

When asked by Cohen on “what’s happening now that’s taking Republicans by surprise,” Kirschner explained how the GOP could not have seen that Hunter Biden, the son of President Joe Biden, would be using Cannon’s ruling to have two cases against him dismissed.

“I don’t think anybody saw this coming as a result of Judge Cannon throwing out Donald Trump’s classified documents case because in her estimation special counsel was not lawfully appointed. Well guess what? Hunter Biden’s lawyers just filed a motion to throw out his criminal conviction in Delaware. Why? Because he was prosecuted by another special counsel who was appointed under the same rules, regulations and laws as Jack Smith was appointed,” Kirschner said.

Hunter Biden was convicted by a Delaware jury last month on three felony counts related to possession of a gun while using narcotics. He is appealing the verdict. Hunter Biden’s charges stemmed from the investigations of special counsel David Weiss, an appointee of Trump. Weiss’ investigations have also resulted in tax charges that Hunter Biden will face at trial later this year in California.

Following Cannon’s ruling, Hunter Biden’s lawyers filed a pair of motions arguing for dismissal and wrote, “Based on these new legal developments, Mr. Biden moves to dismiss the indictment brought against him because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well.”

Kirschner added on Saturday: “Nobody could have seen the kind of confluence of circumstances that would have allowed a really bad legal decision by Judge Cannon down in Florida to try and help out Donald Trump somehow boomeranging and potentially being used by Hunter Biden’s lawyers to try and get his conviction thrown out.”

Newsweek has reached out to Trump’s spokesperson and Hunter Biden’s lawyer via email for comment.

This comes after Republicans have long attempted to tie Hunter Biden and his father to illegal foreign business deals, including launching an impeachment inquiry against the president.

President Biden has said he had no involvement with his son’s business dealings, and the White House has called the GOP’s impeachment effort “sad, pathetic, and a waste of everyone’s time.”

The GOP’s efforts in its impeachment inquiry over the past year has yet to provide substantial evidence of its claims.

According to Kirschner on Friday, speaking on his own YouTube channel, while Hunter Biden hopes to dismiss the cases, his motions “are destined to fail” as he cited that Cannon’s ruling is “bad” and should be rejected by other federal judges.

“I’m not surprised Hunter Biden’s lawyers made these motions, but I think they are destined to fail because what Judge Cannon did in Donald Trump’s classified documents case, tossed it out, ruled that special counsel is not a thing, not only doesn’t have any precedential value anywhere else, it’s a bad ruling. It’s a bad ruling and it should be rejected and I suspect it will be rejected by all federal judges who have occasion to take up that issue,” he said.