The special counsel's statement announcing the appeal reinforces that Cannon's ruling is out of step with other courts and that Smith isn't operating as a rogue.
I’m honestly surprised that she dismissed at this stage. If she could have dragged the case to the point where they had selected a jury, then dismissed for some reason, there would have been no right to an appeal. I do understand that Clarence Thomas essentially suggested that Cannon should take this route in one of his concurrences, but it seems like the wrong strategy when there was a possibility to dismiss without the possibility of appeal.
I don’t mean that I wish she had dismissed later. I just mean that I’m surprised because I thought their strategy was going to be different with this case.
I’m honestly surprised that she dismissed at this stage. If she could have dragged the case to the point where they had selected a jury, then dismissed for some reason, there would have been no right to an appeal. I do understand that Clarence Thomas essentially suggested that Cannon should take this route in one of his concurrences, but it seems like the wrong strategy when there was a possibility to dismiss without the possibility of appeal.
I don’t mean that I wish she had dismissed later. I just mean that I’m surprised because I thought their strategy was going to be different with this case.