BREAKING: Biden DOJ’s classified docs case against Trump DISMISSED after judge deems Jack Smith appointment unconstitutional

On Monday morning, Judge Aileen Cannon dismissed the Mar-a-Lago documents case against Trump, stating in an order that Jack Smith’s appointment as special counsel violated the Constitution.

"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," the 93-page Monday morning order stated. "US Const., Art. II, § 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."

Cannon wrote that the challenges raised in the motion to dismiss asked whether there was a "statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution."

"After careful study of this seminal issue, the answer is no. None of the statutes cited as legal authority for the appointment— 28 U.S.C. §§ 509, 510, 515, 533—gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith. Nor do the Special Counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise."

Read Full Article Here