Judge Aileen Cannon has dismissed the classified documents case against former President Donald Trump, citing the unconstitutional appointment of special counsel Jack Smith.
The decision comes as a significant twist in the ongoing legal battles surrounding Trump.
Judge Cannon’s 93-page decision meticulously argued that Jack Smith’s appointment by the Department of Justice had overstepped Congress’s authority, thereby violating the Appointments Clause of the Constitution.
This is designed to maintain a balance of power among the branches of government, and according to Cannon, Smith’s role disrupted this balance.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Cannon wrote.
Her ruling emphasizes the need for a clear and constitutional pathway for such appointments, highlighting the importance of adhering to the legislative framework set by Congress.
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However, Cannon emphasized that Congress could rectify the situation by enacting positive statutory law consistent with the Appointments Clause, thus authorizing Smith’s appointment properly.
“Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause,” she concluded, leaving the door open for future legislative action to resolve this constitutional impasse.
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