Trump Classified Docs Case Dismissed, Judge Finds Special Counsel Appointment Unconstitutional

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by Tyler Durden

Judge Eileen Cannon has dismissed Donald Trump’s classified documents case, ruling that the appointment of Special Counsel Jack Smith was unconstitutional.

“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 in her decision. “He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history.”

Dismissal of this action is the only appropriate solution for the Appointments Clause violation.”

The ruling comes after Judge Cannon had indefinitely postponed the trial, and followed a May hearing in which Trump and co-defendant Walt Nauta argued that the Justice Department’s Special Counsel’s Office decision to prosecute the valet was “both selective and vindictive.”

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Jonathan Turley:

The dismissal of the classified documents case is a seismic development. From the beginning of all of these cases, I have said that the Mar-a-Lago case was the greatest threat to the former president. It is now dismissed.

This was the three-point shot for Trump. The easier basket was the D.C. case despite a far more favorable judge for Jack Smith. That case is inundated with presumptively privileged evidence and challenged charges…

Judge Cannon’s decision mirrors the views of many leading lawyers who see the same constitutional flaw that led Justice Clarence Thomas to expressly raise his issue in his recent opinion

There are good faith arguments on both sides of this question but even critics must acknowledge that anomaly of having a constitutionally mandated confirmation process for U.S. Attorneys but then allow an ad hoc system of unilateral appointments for special counsels

This opinion is still an outlier among the courts that have reviewed the question. Other courts have given short shrift to the issue. Judge Cannon was criticized for giving this challenge a full opportunity for briefing and argument in her court.

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Well, looks like the Democrats are going to need another dupe to sacrifice his/her/its life to try and get Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden reelected. The amount of fraudulent votes required for him just went up another 10 million.

Off to t he Bar again for the Drunk and Dangerous Demon-Rats to drown their misery the assassin missed

Gee, the Biden administration did something unconstitutional. Imagine that. Judge Cannon will now be the target of death threats for upholding the Constitution. That is a big no-no to the left.