(LibertySociety.com) – On July 15, Judge Aileen Cannon dismissed the classified documents case against former President Donald Trump, ruling that Special Counsel Jack Smith was appointed unconstitutionally.
The Florida federal judge granted the defense’s motion to dismiss, ruling Smith could not lawfully bring the indictment against Trump in federal court because, when he was appointed, he was not a U.S. Attorney and was not confirmed by the U.S. Senate.
In a 93-page ruling, Cannon, nominated to the federal bench by Trump, wrote that “a valid means” exists for Garland to appoint Smith as special counsel. She noted that the Constitution describes a process to appoint and confirm a special counsel or Congress can enact a statute that aligns with that constitutional provision to authorize the appointment of a special counsel. She said dismissing the case is the only way “to cure the unconstitutional problem.”
In her ruling, she cited Supreme Court Justice Clarence Thomas‘ opinion in the presidential immunity case, where he urged lower courts to explore the issue of whether a Congress needed to establish the special counsel’s office Congress and if Smith should have been confirmed by the Senate.
Garland appointed Smith to the role of special counsel on Nov. 18, 2022, without seeking Senate approval.
She also ruled Smith’s funding was not authorized by Congress.
The dismissal of the entire indictment also means the charges against Trump’s two co-defendants, Carlos De Oliveira and Waltine “Walt” Nauta, are dropped.
The Department of Justice authorized Smith to appeal the ruling.
In a post on Truth Social, Trump wrote that the dismissal of the classified documents case “should be just the first step,” adding that the other cases against him should also be dismissed. He called for an “END” to the “Weaponization of our Justice System.”
The ruling could impact the other Department of Justice prosecutions against Trump in the election interference case and the case against Hunter Biden for tax charges.
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