Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday that the Florida judge overseeing former President Donald Trump's classified documents case won't "throw the case out" despite the trial being indefinitely postponed.
Napolitano told "Newsline" he doubts Judge Aileen Cannon will toss the case involving Trump's handling of documents, some deemed classified, at his Mar-a-Lago estate in Florida.
"If she decides that [special counsel] Jack Smith is not lawfully authorized to prosecute the former president, it will just be handed to the next person in charge, who is a full-time employee of the Justice Department and was a full-time employee, unlike Mr. Smith, at the time the prosecution was commenced," Napolitano said.
He added that he's "surprised" Cannon, a Trump appointee, is "taking three days of oral arguments; it's a bit of an outlier. Most judges would resolve this on the papers and without an oral argument, but she's slow and methodical and taking her time."
"I don't think she's going to throw the case out," Napolitano said. "I don't think there's a basis for that unless she wants to declare the Espionage Act of 1917 unconstitutional. I happen to believe it is, but that challenge is not before her."
Napolitano also commented on a decision by the Securities and Exchange Commission (SEC) not to pursue charges against Hunter Biden over allegations of securities fraud.
Rep. James Comer, R-Ky., chair of the House Committee on Oversight and Accountability, and House Judiciary Chair Jim Jordan, R-Ohio, last week wrote a letter to SEC Chair Gary Gensler asking for information about the investigation into allegations that Hunter Biden took part in a scheme to defraud a Native American tribe.
Napolitano said Americans should look at the SEC's actions and see "that there's an unfortunate confluence of prosecutorial discretion on politics."
"The decision not to prosecute is not appealable; that rests exclusively with the prosecutor," Napolitano said. "So, no matter what the public perception is, or a potential defendant's criminal behavior, if the prosecutor decides not to prosecute, that's the end of the story."
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Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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