From left: Special Counsel Jack Smith, U.S. District Court Judge Aileen M. Cannon and former President Donald Trump. (@axios / X screen shot)
Blogging Hounds
Judge Aileen Cannon has dismissed the high-profile classified documents case, citing the unlawful appointment of Special Counsel Jack Smith.
This decision comes as a significant blow to the Biden regime and the Department of Justice, raising questions about the integrity of the entire investigation.
Attorney General Garland violated the Constitution by appointing Jack Smith to conduct this politically motivated persecution against President Trump.
The decision effectively halts the prosecution led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland.
In her ruling, Judge Cannon wrote:
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.
Const., Art. I, $ 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
The effect of this Order is confined to this proceeding.
The court found that Smith’s appointment did not adhere to the Appointments Clause, which requires that principal officers of the United States be appointed by the President and confirmed by the Senate.
The Special Counsel’s use of a permanent indefinite appropriation was also deemed a violation of the Appropriations Clause, although the court did not address the remedy for this funding violation given the dismissal on Appointments Clause grounds.
The case, which stemmed from a grand jury indictment on June 8, 2023, charged Trump with 31 counts of willful retention of national defense information and additional conspiracy and concealment charges against Trump and his co-defendants, Waltine Nauta and Carlos De Oliveira. The indictment was later expanded to 42 charges in a superseding indictment.
President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”
Day one of the expanded evidentiary hearing was held last month.
According to NBC News, President Trump’s lawyers “argued that an officer like the special counsel must be appointed “by law” and that the special counsel should be categorized as a “principal officer” and subject to Senate confirmation. The statutory text cited by the special counsel’s office “does not authorize” the U.S. attorney general’s appointment of the special counsel, his lawyer, Emil Bove, argued.”
Cannon did question whether Attorney General Merrick had any oversight role in seeking the indictment against Trump.
Jack Smith’s prosecutor James Pearce refused to answer and claimed it would be against policy to answer the question.
“Why would there be any heartburn to answer whether the attorney general signed off on the indictment?” Cannon asked.
Recall, Conservative Supreme Court Justice Clarence Thomas questioned Jack Smith’s authority as special counsel in his concurring opinion on the high court’s presidential immunity ruling.
Last month, the Supreme Court ruled 6-3 that Trump has absolute immunity for his core constitutional powers. Former presidents are entitled to at least a presumption of immunity for their official acts.
The Supreme Court ruled that there is no immunity for unofficial acts.
Clarence Thomas questioned Jack Smith’s authority because he was a private citizen when he was tapped as a special prosecutor.
[…]
Thomas also argued that Jack Smith is not senate confirmed (Trump’s lawyers are also using this argument before Judge Cannon).
[…]
Thomas once again reiterated that a special prosecutor must be senate confirmed.
[…]
In her detailed opinion, Judge Cannon emphasized the importance of the separation of powers and the role of Congress in the appointment process. She highlighted that none of the statutes cited by the Special Counsel—28 U.S.C. §§ 509, 510, 515, and 533—provided the Attorney General with the authority to appoint a Special Counsel with the full powers of a United States Attorney.
[…]
Read the ruling below:
The Most Revolutionary Act 
What’s ridiculous is that the special counsel declined to proceed with charges against Joe Biden for “willfully retaining classified documents,” citing his advanced age. What’s his age got to do with it? Trump is elderly as well, but that did not stop the special counsel from bringing Trump up on charges. Where is the outrage over this?
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Apparently Smith had Biden evaluated by a psychiatrist who determined him incompetent to stand trial due to his dementia. Apparently it’s harder to stand trial than to rule a country. Go figure.
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