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Judge Cannon Dismisses Trump's Fort Pierce Classified Documents Case Ruling That the Special Counsel's Appointment Violates the Constitution

Fort Pierce - Monday July 15, 2024: District Court Judge Aileen Cannon this morning dismissed the Fort Pierce classified documents case against former President Donald Trump.

She granted the dismissal motion filed by Trump's defense lawyers ruling that Special Counsel Jack Smith's appointment was a violation of the U.S. Constitution. Her conclusion contradicts a number of rulings from higher courts, including the Supreme Court, which have held the Justice Department can appoint a Special Counsel.

Judge Cannon's decision can be appealed to a higher court which can overturn her ruling. Special Counsel Jack Smith is expected to file such appeal. Smith now is also widely expected to file a motion with a higher court having Judge Cannon removed from the case.

Trump's defense lawyers had argued that Special Counsel Jack Smith was illegally appointed under the Constitution's Appointments Clause, which governs the appointment of certain government positions, and they maintained that his office was improperly funded by the Justice Department.

Judge Cannon agreed with both claims writing: "The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S. Const., Art. II, § 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.

The effect of this Order is confined to this proceeding."

Her 93-page order also states: “The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not.”

Judge Cannon's handling of the case has drawn criticism, even before the charges were filed against Trump. Her decision defies her critics, and the rulings of a number of other courts, including the Supreme Court, which have upheld the legality of Special Counsel appointments.

Trump faced dozens of felony counts accusing him of illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing FBI efforts to get them back.

Smith's team had vigorously contested the argument during hearings before Cannon last month and told Cannon that even if ruled in the defense team's favor, the proper correction would not be to dismiss the entire case.

As of mid-day Monday neither the Special Counsel nor Trump's defense team have responded to Judge Cannon's decision.