Judge Throws Out Trump Classified Documents Case

By
Conservative Research Group
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Aileen Cannon dismissed the case citing a violation of the appointment clause. She is the judge overseeing the Mar-a-Lago Documents case against former president Donald Trump.

In a stunning move, the judge granted Monday morning’s motion by Trump’s defense team.

Her order reads: “The Superseding Indictment has been DISMISSED due to the Appointments clause of the United States Constitution being violated by Special Counsel Smith.” The Court does not need to address the proper remedy because the dismissal was based on the Appropriations clause […]. This Order only affects this proceeding.”

Cannon, who had previously argued with the prosecution, argued that the appointment of his office and the use of its authority went beyond the Constitutional authority.

She wrote: “The bottom line is this.” The Appointments Clause, a constitutional restriction arising from the separation of powers, gives Congress the power to determine the appropriateness of vested appointment authority for inferior officers. This position usurps this important legislative authority by transferring it to the Head of Department. In the process, the separation of power’s structural freedom is threatened. There are valid ways to give the Attorney General the power to appoint Smith as Special Counsel to investigate and prosecute the case with all the powers of a United States attorney. The default method of appointment and confirmation prescribed by the Appointments clause, which Congress has used for United States Attorneys in American history (see 28 U.S.C. SS 541 or Congress may authorize his appointment by enacting positive statutory laws consistent with the Appointments clause.”

Cannon refers notably to a recent concurrence opinion by Supreme Court Justice Clarence Thomas on the high-profile Trump Immunity Case that was decided in this term.

Thomas, in his opinion, questioned Jack Smith’s legitimacy as a special prosecutor and noted that this circumvented the Constitution. Cannon cited Thomas multiple times.

Trump is celebrating a major victory after the dismissal of his former chief of staff. He is still recovering from a failed assassination and is gearing up for his formal nomination to the Republican National Convention this week.