Judge Aileen Cannon, the federal judge presiding over the classified documents case against former President Donald Trump in Florida dismissed the prosecution on Monday July 15, siding with defense lawyers who said the special counsel who filed the charges was illegally appointed by the Justice Department.
In a 93-page decision, Cannon argued that Smith’s appointment had overstepped Congress’s authority, violating the appointments clause of the Constitution.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Cannon wrote, noting that a valid pathway to appoint Smith to the case is and was on the table.
“Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause,” she wrote.
Read General Flynn’s take on it here
BREAKING: Given the recent decision by Judge Cannon regarding prosecutor Jack Smith’s “classified documents” case, the following can now be stated.
— General Mike Flynn (@GenFlynn) July 15, 2024
1. A filed whistleblower complaint has Smith and other members close to him inside the DOJ under serious investigation by the DOJ…
Tom Massie “I told you so!”
🚨 Last month I questioned AG Garland about the constitutionality of Jack Smith’s appointment. He did not have good answers.
— Thomas Massie (@RepThomasMassie) July 15, 2024
Fast forward: Judge Cannon just dismissed the classified documents case against Trump citing the unconstitutionality of Smith’s appointment! https://t.co/O0LQajNL8l
Jack Smith had to know that his appointment of special counsel violated the appointments clause of the Constitution, but that didn’t stop his lawfare assault on President Trump, of course.
— James Woods (@RealJamesWoods) July 15, 2024
Joseph Biden’s jihad against his opponent is crumbling by the day.
BREAKING: Judge Cannon has dismissed the Trump documents case, citing violation of appointments clause: pic.twitter.com/GPV9jXYAfZ
— Kyle Cheney (@kyledcheney) July 15, 2024