Judge Aileen Cannon, who is overseeing the Mar-a-Lago documents case against former President Donald Trump, dismissed the lawsuit on the grounds that it was a violation of the Appointments Clause.
BREAKING NEWS: Judge Cannon has dismissed the Trump documents case on the grounds that there was a violation of the Appointments Clause: pic.twitter.com/GPV9jXYAfZ
— Kyle Cheney (@kyledcheney) July 15, 2024
In a surprise move, the judge granted the Trump defense team’s request on Monday morning.
“The charges are dismissed because the appointment of Special Counsel Smith violates the Appointments Clause of the United States Constitution.” your command it says. “Special Counsel Smith’s exploit of a indefinite, open-ended appropriation also violates the Appropriations Clause […] However, the Court need not consider the appropriate remedy for this funding breach because the dismissal was made pursuant to the appointment clause. The effect of this order is restricted to these proceedings.”
Cannon, who had previously clashed with the prosecution, argued that he had exceeded constitutional authority in his appointment and in the performance of his duties.
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“The bottom line is this,” she wrote. “The Appointments Clause is a crucial constitutional limitation arising from the separation of powers, and it gives Congress a deliberate role in deciding the appropriateness of delegating appointment powers to subordinate officials. The position of Special Counsel effectively usurps this significant legislative authority by vesting it in a department head, thereby threatening the structural freedom inherent in the separation of powers. If the political branches wish to grant the Attorney General the authority to appoint Special Counsel Smith to investigate and prosecute this matter with the full powers of a United States Attorney, there is a valid means of doing so. He can be appointed and confirmed through the standard procedure prescribed by the Appointments Clause, as Congress has prescribed for United States Attorneys throughout American history, see 28 U.S.C. § 541, or Congress can authorize his appointment by passing a positive law consistent with the appointment clause.”
Cannon is referring in particular to a recent concurring opinion by Supreme Court Justice Clarence Thomas in the high-profile Trump immunity case that was decided this legislative session.
In his opinion, Thomas questioned the legality of the appointment of Jack Smith as special prosecutor, stating that it was a circumvention of the Constitution. Cannon quoted Thomas several times.
In Trump’s immunity ruling, Judge Thomas essentially asked Judge Cannon to rule that Jack Smith had been unconstitutionally appointed as special counsel.
Cannon noticed.
In its decision, it cites this agreement at least three times. https://t.co/vt8gQxX20Q pic.twitter.com/i7zvGHdKSj
— Adam Klasfeld (@KlasfeldReports) July 15, 2024
The dismissal is a major victory for Trump, who is still recovering from an attempted assassination and preparing for his official presidential nomination at the Republican National Convention this week.
You can read Cannon’s full order below.
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