Photo: Meghan McCarthy ~ USA TODAY NETWORK
FORT PIERCE, Florida, July 15, 2024 ~ The judge assigned to oversee the classified documents case against former President Donald Trump dismissed the indictment against him Monday, ruling that the appointment and subsequent funding of Special Counsel Jack Smith was illegal.
In her 93-page decision, U.S. District Judge Aileen Cannon said that Attorney General Merrick Garland’s appointment of Smith was in violation of the Appointments Clause of the U.S. Constitution, which covers the need for congressional approval on presidential appointments.
Additionally, Cannon found that funding for Special Council Smith’s work was in violation of the Appropriations Clause of the U.S. Constitution, and that only Congress has the authority to appropriate funds for such a purpose.
READ JUDGE CANNON’S RULING:
(CONTINUED) Language in the ruling suggests that Judge Cannon’s interpretations of these constitutional clauses were influenced by Supreme Court Justice Clarence Thomas’ concurring opinion in last month’s Trump immunity ruling.
“If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people,” Thomas wrote. “The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”
Voices offering decent on Judge Cannon’s ruling suggest that the Appointments Clause applies specifically to presidential appointments and not to those made by their appointees.
Several notable cases throughout history appear to offer precedence for the Attorney General to appoint and fund a special council without the approval of Congress. Most notably, the appointments of Archibald Cox in the Watergate sandal, Lawrence Walsh in the Iran-Contra affair, Kenneth Starr in the Whitewater investigation, and more recently, David Weiss in the Hunter Biden probe.
No word yet if Special Council Jack Smith will elect to appeal Judge Cannon’s ruling in the 11th Circuit U.S. Court of Appeals.
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