Judge Aileen Cannon has dismissed the classified documents case against former Donald Trump , ruling that the appointment of Special Counsel Jack Smith — who has been overseeing the Justice Department’s two cases against the former president — was unconstitutional. In a Monday decision, Cannon sided with Trump’s attorneys that the appointment of Special Counsel Jack Smith was inherently “unlawful.” The decision comes weeks after the Supreme Court sided with the former president on the question of whether a president should be afforded prosecutorial immunity for crimes committed while in office.
“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. “If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so.” Trump responded to the decision with a post on Truth Social.
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts,” he wrote, going on to rail against President Joe Biden. In August 2022, FBI agents executed a search warrant at Trum.
