The federal judge in Florida handling the classified documents case against former President Donald Trump has dismissed the case, citing concerns over the appointment of a special prosecutor.
The case was once considered the biggest legal threat against Trump, but U.S. District Judge Ellen Cannon on Monday granted the defense’s motion to dismiss it.
Trump’s lawyers had argued that special counsel Jack Smith was illegally appointed based on the Appointments Clause of the Constitution, and that his office was therefore improperly funded by the Justice Department.
Judge Cannon agreed, writing in his ruling that appointing officials such as special prosecutors is essentially the legislature’s job.
He wrote, “…is there any statute in the United States Code authorizing the appointment of Special Counsel Smith to conduct this prosecution? After a careful study of this important issue, the answer is no.”
The canons point to the original intent of the U.S. Founding Fathers who wrote the Constitution.
“The Framers of the Constitution gave Congress a vital role in the appointment of top and lower officials. That role cannot be usurped or superseded by the executive branch — whether in this case or any other case, whether in a time of national need or not.”
His argument points to the need to provide checks and balances against the potential weaponization of the judicial branch of government by the legislative branch of the U.S. government. Critics have expressed concern in recent years about “lawfare” – a reference to those who would use prosecution as a political weapon.
“The bottom line is this: The Appointments Clause is an important constitutional restriction arising from the separation of powers, and it gives Congress a well-informed role in determining the propriety of granting appointment power to inferior officials,” Judge Cannon wrote. “The special counsel position effectively usurps that important legislative authority, transfers it to the head of the Department, and in the process threatens the structural independence inherent in the separation of powers.”
Jack Smith reportedly plans to appeal the decision. Either way, the case will likely be delayed until after the election.
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