
(FeaturedHeadlines.com) – The US Justice Department appointed prosecutor Jack Smith as Special Counsel to investigate former president Donald Trump’s mishandling of classified materials. However, US District Judge Aileen Cannon threw out the case after concluding that Smith’s appointment violated the Constitution.
Smith’s appointment by Attorney General Merrick Garland violated the Appointments Clause of the Constitution, Cannon said in a 93-page filing. The Appointments Clause states that principal officers must be nominated by the president and then confirmed by senators. Prosecutors argued that Smith was an inferior officer, not a principal one, but Cannon nevertheless found that Garland has no authority to appoint such officers.
The provision is a critical component of separation of powers in the US government, Cannon said. Moreover, Smith’s use of permanent and indefinite appropriations also violated the Constitution’s Appropriations Clause, Cannon said.
Smith intends to appeal Cannon’s ruling. The appeals process could last months, especially if the matter reaches the US Supreme Court.
However, the case would face a roadblock if Trump wins back the White House in the 2024 presidential election. The US Justice Department decided in 2000 that sitting presidents cannot face indictment or prosecution during their time in office. Additionally, Trump could order the Justice Department to drop the charges against him as president.
Cannon’s decision to dismiss the classified documents case could actually be a “blessing in disguise” for Smith, according to former US Attorney Barbara McQuade. The ruling gives Smith a chance to immediately have the case considered by higher courts instead of dragging it out, McQuade said.
Even if the US Supreme Court reaffirms Cannon’s ruling on Smith’s appointment as special counsel, prosecutors in the southern district of Florida could still pursue the case, McQuade said.
The future of the case appears as uncertain as the outcome of the 2024 presidential race, which itself impacts how the case could proceed. Regardless, Trump and his defense team are likely celebrating Cannon’s ruling as at least a temporary legal victory.
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