(PatriotWise.com) — The federal judge presiding over Donald Trump’s classified documents case on Monday granted the defense’s motion to dismiss the indictment, citing the unconstitutional appointment of special counsel Jack Smith.
In her 93-page decision dismissing the case, US District Judge Aileen Cannon echoed Supreme Court Justice Clarence Thomas’ concurring opinion in the presidential immunity case, saying that Attorney General Merrick Garland’s appointment of Smith violated the Appointments Clause of the Constitution. Additionally, Cannon determined that Smith’s “permanent indefinite appropriation” violated the Appropriations Clause.
Cannon wrote that if a political branch wanted to grant authority to Jack Smith to investigate and prosecute former President Trump, the president could nominate him and the Senate could confirm his appointment, or the legislative branch could authorize Smith’s appointment by passing legislation consistent with the US Constitution.
Judge Cannon said that after “careful study” on the Appointments and Appropriations challenges in the defense’s motion to dismiss, it was clear that there is no statute in the US code that authorizes the attorney general to appoint Jack Smith to “conduct this prosecution.”
In his concurring opinion on the Supreme Court’s ruling on the presidential immunity case, Justice Thomas questioned whether Smith’s appointment was constitutional.
Thomas noted that Smith was not nominated by the president or confirmed by the Senate to serve as a US attorney with the authority to act on behalf of the United States.
The conservative justice wrote that the attorney general does not have the authority under the Appointments Clause to name Jack Smith as a principal officer.
In her decision, Judge Cannon described the Appointments Clause as “a critical constitutional restriction” based on the separation of powers. She explained that it granted Congress “a considered role in determining” whether it was proper to vest appointment power to “inferior officers.”
She said Jack Smith’s position as special counsel “effectively usurps” that legislative authority by transferring it to the head of the Justice Department.
Donald Trump praised the judge’s decision in a statement and called for the dismissal of the other cases against him. He urged the country to unite to bring an end to the “weaponization” of the justice system.
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