Joe Biden Calls Out Clarence Thomas for Giving Aileen Cannon New Defense

President Joe Biden called out Supreme Court Justice Clarence Thomas for giving Judge Aileen Cannon a new defense to dismiss former President Donald Trump’s classified documents case.

On Monday, Cannon dismissed Trump’s Mar-a-Lago case, ruling that the appointment of Department of Justice (DOJ) Special Counsel Jack Smith was “unlawful.” Biden responded to the decision in an interview with NBC News’ Lester Holt.

“I’m not surprised. It comes from the immunity decision the Supreme Court ruled on. Clarence Thomas, his dissent said that independent prosecutors appointed by the attorney general aren’t legit. That’s the basis of what this judge moved to dismiss,” Biden said on Monday.

Thomas did not dissent from the majority opinion in the case, instead making that statement in a concurring opinion.

The Context

Smith charged Trump with illegally storing classified documents at Mar-a-Lago, the former president’s estate in South Florida, after leaving the White House in 2021, and with resisting federal efforts to retrieve the files. Trump pleaded not guilty to all charges, maintains his innocence and has accused Smith of targeting him for political purposes.

On Monday, Cannon dismissed the case, ruling that Smith was not properly appointed as special counsel.

What We Know

Biden noted that the DOJ independent prosecutor also looked into classified documents found at the president’s private residence in Delaware and former office at the Penn Biden Center, and that he was “totally cooperative.”

“They looked at me and concluded I didn’t do a damn thing wrong,” the president said.

Cannon’s ruling cited Thomas’ concurring opinion in the ruling on whether presidential immunity should shield Trump from charges in his federal election interference case. The court determined that presidents have immunity for official acts but not private ones.

In his ruling, Thomas criticized the appointment of Smith, writing, “No former President has faced criminal prosecution for his acts while in office in the more than 200 years since the founding of our country.”

Continuing, Thomas said: “And, that is so despite numerous past Presidents taking actions that many would argue constitute crimes. If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”

Newsweek reached out to the Supreme Court’s public information office for comment via email on Monday.

Views

Trump responded to the dismissal in a post to Truth Social, writing that it should be “just the first step, followed quickly by the dismissal of ALL the Witch Hunts.”

“The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!” he posted.

Others were more critical of Cannon’s decision.

“Judge Cannon dismissed decades of institutional precedent, years of recent rulings on Mueller and Smith, and pretty much the entire premise of the special counsel regulations,” national security attorney Bradley P. Moss posted to X (formerly Twitter). “Her ultimate complaint? Jack Smith is TOO independent.”

What’s Next

Smith’s office said it plans to appeal Cannon’s order, according to the Associated Press.

Update 07/15/24, 9:45 p.m. ET: This article was updated with additional information.

Update 7/15/24 10:15 p.m. ET: This article was updated with additional information.