Boxes of classified documents found at Trump’s Mar-a-Lago home
Judge Eileen Cannon has dismissed a case against former President Donald Trump over classified documents, court records show.
The judge ruled that the appointment of special counsel Jack Smith was unconstitutional.
“The recusal charge is dismissed because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” he wrote.
Cannon wrote that Smith’s appointment was unconstitutional because it “effectively usurps” the power of Congress.
“The Framers gave Congress a major role in appointing superiors and subordinates,” Cannon wrote in the lengthy order. “That role cannot be usurped or diffused by the executive branch — whether in this case or in another case, whether or not the national need increases.”
“Through careful examination of the underlying challenges raised in the motion, the Court believes that Special Counsel Smith’s prosecution of this action violates two structural foundations of our constitutional program — the role of Congress in appointing constitutional officers, and Congress in authorizing expenditures through legislation,” Cannon added.
Cannon noted that his ruling does not apply to other jurisdictions, meaning the order does not apply to the special counsel’s Jan. 6 election interference case against Trump.
A spokesman for the special counsel did not immediately respond to a request for comment.
The order is appealable, and other district judges and the DC Circuit have upheld the constitutionality of special counsels in previous legal challenges.
If rejected on appeal, Cannon could be dismissed from the case citing Smith’s unusually favorable rulings.
This is a growing story. Check back for updates.
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