U.S. District Court Judge Aileen Cannon has dismissed Jack Smith‘s prosecution of former President Donald J. Trump for allegedly mishandling classified documents. Cannon ruled that Smith’s appointment as special counsel by Joe Biden’s Department of Justice (DOJ) Attorney General Merrick Garland was unconstitutional.
In Cannon’s ruling, she determines that the naming of Smith violates the Appropriations and Appointments clauses.
Supreme Court Justice Clarence Thomas argued in his concurring opinion in Trump v. United States that the appointment likely violated the Constitution.
“In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States,” Justice Thomas wrote in his concurring opinion. He continued: “But, I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires.”
“By requiring that Congress create federal offices ‘by Law,’ the Constitution imposes an important check against the President—he cannot create offices at his pleasure,” the justice wrote, adding: ” If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President.”
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BIG NEWS – Judge Cannon dismisses classified docs case —> says Jack Smith appointment is unconstitutional pic.twitter.com/kA4fCaHTPp
— Katherine Faulders (@KFaulders) July 15, 2024