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The decision by the Trump-appointed U.S. District Judge Aileen Cannon also leaves lingering inquiries about the proper means to appoint special counsels for federal criminal cases. Her decision isn’t final, and a spokesman from the special counsel’s officethe Department of Justice has authorized the office to appeal the ruling to the U.S. Court of Appeals for the 11th Circuit.
Trump’s second challenge was rooted in the Appropriations Clause, which prohibits “any money from being ‘drawn from the Treasury’ unless such funding has been appropriated by an act of Congress,” Cannon added. “Even though she says it’s limited to this case, her ruling casts doubt upon the appointment of special counsels in other cases, most notably Hunter Biden,” Rahmani said, referencing U.S. Attorney David Weiss’s position as special counsel to the Hunter Biden criminal investigation in Delaware.
Burnham emphasized that “nothing would stop the attorney general from giving special counsel status to an existing U.S. attorney.” However, some legal experts, including Rahmani, have suggested there could be a chance for the 11th Circuit to overturn Cannon’s decision.
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