By Jerald Jimenez
15 Jul 2024, 10:14 AM EDT
Judge Aileen Cannon, who is leading the case over classified Donald Trump documents found at Mar-a-Lago, has dismissed the case, according to recent court records.
The 93-page order was issued on the grounds that the appointment of special counsel Jack Smith was unconstitutional, thereby granting Trump’s request.
“The superseding indictment is dismissed because the appointment of Special Counsel Smith violates the Appointments Clause of the United States Constitution,” Judge Cannon wrote in her ruling, as the indictment was based on the illegal financing and appointment of the prosecutor who brought the charges against the former president.
“The framers of the Constitution gave Congress a fundamental role in the appointment of principal and subordinate officials,” Cannon added. “That role cannot be usurped by the Executive Branch or diffused elsewhere, whether in this case or another, whether in times of greatest national need or not.”
Judge Cannon said the Court is convinced that Smith’s prosecution violated two pillars of the constitutional framework, described as: the role of Congress in appointing constitutional officials, and the role of Congress in authorizing spending by law.
The recent ruling does not apply to other jurisdictions, so it will not apply to the election interference case facing Trump over the events of January 6, 2021.
Prosecutor Smith may appeal
Despite the decision, the order can be appealed by the prosecutor. According to ABC News, other district judges and the Washington DC Circuit have upheld the constitutionality of special prosecutors in previous legal challenges.
Smith could request that Cannon be removed from the case if a potential appeal is successful, citing her pattern of unusually favorable rulings that have benefited Trump.
The decision comes after a tumultuous weekend for Trump’s campaign, after his life was put at risk when he was shot at a rally in Butler County, Pennsylvania. A bullet grazed his ear as he addressed the crowd of supporters, the shooter, identified as 20-year-old Thomas Crooks, was shot dead by the Secret Service.
Trump is expected to formally accept the Republican presidential nomination at the party’s convention in Milwaukee, which begins Monday.
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