There could be an appeal.
A federal judge has dismissed the indictment in the classified documents case against former President Donald Trump by ruling special counsel Jack Smith’s appointment by U.S. Attorney General Merrick Garland was unconstitutional.
The bombshell ruling was handed down by U.S. District Judge Aileen Cannon, who was appointed by Trump, on July 15, just hours before the Republican National Convention kicked off in Milwaukee. Cannon’s ruling states appointing Smith to prosecute the case, violates the U.S. Constitution’s appointment clause, which states “Officers of the United States” can only be appointed by the president and confirmed by the U.S. Senate.
Trump jumped to his Truth Social platform immediately following the announcement to celebrate. In his post, he called for the other “witch hunts” to be dismissed including “the January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case,” and more. “The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME,” Trump said.
“Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
Cannon also ruled that Smith’s use of “permanent indefinite appropriation” or funding for his office violated that constitutional clause. “Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?” Cannon wrote.
“After careful study of this seminal issue, the answer is no.”
“The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”
Cannon quoted Thomas several times in her decision.
While Smith has yet to respond to the case’s dismissal, his office is open to appeal the ruling. Cannon’s ruling also eliminates Trump’s valet Walt Nauta and Mar-a-Lago worker Carlos De Oliveira from pending charges.
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Source: Black Enterprise
