(RepublicanPress.org) – In July 2023, the Department of Justice (DOJ) unsealed a federal indictment against former President Donald Trump on 37 counts of mishandling classified documents, making false statements, and obstructing justice. The department appointed Special Counsel Jack Smith to try the defendant. Recently, the judge presiding over the case used that appointment to dismiss the charges.
On July 15, US District Court Southern District of Florida Judge Eileen Cannon granted a motion from Trump’s defense team to dismiss the case. Her action was not based on the merits of the charges against the defendant but rather centered around the appointment of Special Counsel Jack Smith.
BREAKING: A judge has dismissed the classified documents case against former President Donald Trump. https://t.co/gMqhP8PZoA
— CBS News (@CBSNews) July 15, 2024
Cannon ruled that his appointment violated the Appointments Clause in the US Constitution. Specifically, the judge’s 93-page ruling held that Attorney General Merrick Garland overstepped his bounds with the appointment, stating that Smith was “not nominated by the president or confirmed by the Senate,” indicating the counsel was not an appropriate pick.
Smith’s office quickly said the special counsel plans to appeal the order to the 11th Circuit Court of Appeals. The counselor’s spokesperson, Peter Carr, stated that the DOJ authorized the appeal. He said the dismissal did not align with the precedent set by previous court decisions.
Trump’s Attorney, Chris Kise, applauded Cannon’s decision, calling the order “courageous and correct.” He said she “restored the rule of law.” Senate Majority Leader Chuck Schumer (D-NY) said he was appalled at the judge’s ruling and demanded the case be moved to a different judge so it could go forward. The lawmaker also urged Smith to appeal the decision. Schumer said the decision was proof that Cannon, a Trump-appointed judge, “cannot handle this case impartially.”
While the first step in the appeals process will go to the 11th Circuit Court of Appeals, the matter might eventually go before the Supreme Court if they choose to accept it. Either way, the ruling reportedly guarantees the American public will not see justice in this case before the November election.
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