Biden says not surprised by judge’s specious decision to dismiss Trump documents case

President Joe Biden on Monday criticized U.S. District Judge Aileen Cannon’s decision to dismiss the classified documents case against Donald Trump, calling the ruling “specious” and suggesting it was inspired by Supreme Court Justice Clarence Thomas.

“I’m not surprised,” Biden told NBC News anchor Lester Holt of the ruling, which dismissed the criminal case against Trump in Florida, finding that the appointment of special counsel Jack Smith was illegal.

He said the decision “flows from the immunity decision that the Supreme Court ruled on” this month, and he referred to a concurring opinion in Thomas’ decision, which he incorrectly called a dissent. It was a concurring opinion that no other justice joined.

“Clarence Thomas, in his dissenting opinion, said that the independent prosecutors created by the attorney general are not legitimate. That is the basis on which this judge has requested their dismissal,” Biden said.

According to him, Thomas challenged Smith’s appointment. “If there is no law establishing the position of special prosecutor, he cannot prosecute. A private citizen cannot criminally prosecute anyone, much less a former president,” Thomas wrote.

The opinion was not binding on Cannon, but Trump’s lawyers had urged her to consider it when making her decision, and the 93-page decision included three references to it.

Biden stressed that he cooperated with special counsel Robert Hur’s investigation into him, even though he did “absolutely nothing.” He called Cannon’s decision “specious” because he disagrees with Thomas.

Holt pointed out that Biden campaigned in part on Trump’s legal troubles and asked if Trump’s recent court victories would change that. Biden said no.

“I can talk about what I think is appropriate,” Biden said, including the fact that “the Supreme Court made a terrible decision.”

“They seem disconnected from what the founders intended,” he said.