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Trump Classified Docs Case Dismissed, Judge Finds Special Counsel Appointment Unconstitutional

Tyler Durden's Photo
by Tyler Durden
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US District Court Judge Aileen Cannon has dismissed Donald Trump's classified documents case, ruling that the appointment of Special Counsel Jack Smith was unconstitutional.

"The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers," Cannon wrote in her decision. "He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history."

"Dismissal of this action is the only appropriate solution for the Appointments Clause violation."

The ruling comes after Judge Cannon had indefinitely postponed the trial, and followed a May hearing in which Trump and co-defendant Walt Nauta argued that the Justice Department’s Special Counsel’s Office decision to prosecute the valet was “both selective and vindictive.”

In a statement on Truth Social, Trump wrote: "As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts," adding "The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"

The ruling marks another blockbuster legal victory for Trump, following the Supreme Court's July 1 ruling that the former president has immunity from prosecution for many of his actions in office.

According to Reuters, prosecutors are likely to appeal the ruling, as courts in other cases have repeatedly upheld the ability of the DOJ to appoint special counsels for politically sensitive investigations.

But Cannon’s ruling throws the future of the case, which once posed serious legal peril for Trump, into doubt. Smith is also prosecuting Trump in federal court in Washington over his attempts to overturn the 2020 election, but his lawyers have not made a similar challenge to the special counsel in that case.

In the documents case, Trump was indicted on charges that he willfully retained sensitive national security documents at his Mar-a-Lago social club after leaving office and obstructed government efforts to retrieve the material.

Trump's attorneys challenged the legal authority of Biden AG Merrick Garland's 2022 decision to appoint Smith - arguing that the appointment violated the Constitution because his office was not created by Congress, nor was Smith confirmed by the Senate.

Meanwhile, Supreme Court Justice Clarence Thomas also boosted Trump's challenge - directly questioning the constitutionality of Smith's appointment. Thomas used similar arguments to those made by Trump's legal team.

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