Daily TribuneSpecial Counsel Jack Smith's appointment deemed unconstitutional in shock ruling
This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump's Mar-a-Lago estate.
Department of Justice
In a stunning turn of events, Judge Aileen Cannon has dismissed the classified documents case against former President Donald Trump, citing the "unlawful appointment" of Special Counsel Jack Smith. The ruling, reported by CNN and other major news outlets, came on the first day of the Republican National Convention where Trump is set to be nominated as the Republican presidential candidate.
Judge Cannon, a Trump appointee, ruled that Smith's appointment violated the Constitution's appointments clause, as he was neither named by a president nor confirmed by the Senate. The New York Times noted that Cannon also questioned the proper funding of Smith's office by the Department of Justice. This decision follows a recent Supreme Court ruling on presidential immunity, where Justice Clarence Thomas raised "serious questions" about the legitimacy of the Special Counsel's office.
The classified documents case, which CNN had considered "the strongest one of the four cases that were pending against the former president," accused Trump of mishandling classified materials after leaving office. Trump had pleaded not guilty to these charges. While this case has been dismissed with prejudice, meaning it cannot be refiled, Trump still faces other legal challenges, including a separate case brought by Smith regarding efforts to overturn the 2020 election results and an election subversion case in Georgia.
The ruling has sent shockwaves through the legal and political communities. Trump celebrated the dismissal on Truth Social, calling it "just the first step" and demanding that other cases against him be dismissed as well. Meanwhile, the White House has referred requests for comment to the Justice Department, and Smith's office has not yet responded to calls for comment.
Legal experts are now debating the implications of this ruling for other special counsel investigations, past and present. The decision also raises questions about the future of the remaining cases against Trump and the potential impact on the upcoming presidential election. As the nation grapples with this unexpected legal twist, all eyes are on the Justice Department to see if they will appeal Judge Cannon's decision.
