By Stacy M. Brown
@StacyBrownMedia
In a bombshell decision, a federal judge dismissed the classified documents case against former President Donald Trump on Monday, ruling that the appointment of Special Counsel Jack Smith was unconstitutional. Smith’s appointment, according to Judge Aileen M. Cannon, a fervent supporter of Trump who the former president himself appointed, violated the Constitution’s appointments clause because neither the president nor the Senate nominated or confirmed him. Several legal experts and news reports immediately noted that Judge Cannon’s ruling defies decades of legal precedent, including decisions dating back to the Watergate era, that have upheld the legality of appointing independent prosecutors. The timing of the decision is particularly notable, coming on the first day of the Republican National Convention, where Trump is expected to be officially nominated as the party’s presidential candidate.
Smith’s team filed the case, which accused the already 34 times convicted felon Trump of illegally holding onto highly confidential state secrets after leaving office and thwarting repeated attempts by the government to retrieve them. Despite the dismissal, an appeal from Smith’s team is almost inevitable. Judge Cannon’s dismissal was based on her interpretation that no federal statute governs the appointment of special counsels like Smith, a practice that has been in place for nearly 30 years. She argued that allowing special counsels to operate under the attorney general’s authority violates the Constitution’s separation of powers. The ruling follows closely on the heels of Supreme Court Justice Clarence Thomas’s recent concurrence in a landmark case granting Trump broad immunity from criminal prosecution. Justice Thomas, himself an ardent Trump supporter, raised questions about the constitutionality of Smith’s appointment, even though this issue was not considered in the case and had never been previously addressed.
Judge Cannon’s decision removes a significant legal obstacle for Trump as he campaigns for a return to the White House despite being found responsible for sexually assaulting a woman, committing massive business fraud in New York, and inciting the deadly January 6, 2021, insurrection at the U.S. Capitol. “Smith will appeal,” Washington Informer and Let It Be Known Contributor Austin Cooper added. “The 11th Circuit will overturn [the decision,” and it will end up in the Supreme Court which means the case is officially dead.”
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