<p>Attorney General <a href="https://www.dailywire.com/topic/merrick-garland" target="_blank" rel="noopener">Merrick Garland</a> rebuffed a federal judge&#8217;s decision this month to dismiss the classified documents case against former President <a href="https://www.dailywire.com/topic/donald-trump" target="_blank" rel="noopener">Donald Trump</a> led by special counsel <a href="https://www.dailywire.com/topic/jack-smith" target="_blank" rel="noopener">Jack Smith</a>.</p>
<p>District Court Judge Aileen Cannon of Florida agreed with defense attorneys who argued Smith&#8217;s appointment as special counsel by Garland in late 2022 was unconstitutional because it did not involve congressional approval.</p>
<p>&#8220;For more than 20 years I was a federal judge. Do I look like someone who would make that basic mistake about the law? I don&#8217;t think so,&#8221; Garland said during an interview with NBC News that aired on Tuesday.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">In an exclusive interview with <a href="https://twitter.com/KenDilanianNBC?ref_src=twsrc%5Etfw">@kendilanianNBC</a>, Attorney General Merrick Garland took issue with Judge Aileen Cannon’s dismissal of the classified documents case against Former President Trump. <a href="https://t.co/SckDMfFwzR">pic.twitter.com/SckDMfFwzR</a></p>
<p>&mdash; NBC Nightly News with Lester Holt (@NBCNightlyNews) <a href="https://twitter.com/NBCNightlyNews/status/1818392216114438218?ref_src=twsrc%5Etfw">July 30, 2024</a></p></blockquote>
<p>Smith has already <a href="https://www.dailywire.com/news/jack-smith-appeals-dismissal-of-trump-docs-case" target="_blank" rel="noopener">moved to appeal</a> the ruling. The Eleventh Circuit Court of Appeals, located in Atlanta, has<a href="https://abcnews.go.com/US/court-sets-aug-27-deadline-brief-appealing-trump/story?id=112270892#:~:text=Special%20counsel%20Jack%20Smith's%20opening,Appeals%20for%20the%20Eleventh%20Circuit." target="_blank" rel="noopener"> set an August 27 deadline</a> for the special counsel to file an opening briefing.</p>
<p>&#8220;Our position is that it’s constitutional and valid. That&#8217;s why we appealed,&#8221; Garland said. &#8220;I will say that this is the same process of appointing special counsel as was followed in the previous administration.&#8221;</p>
<p>He mentioned special counsels John Durham and Robert Mueller as examples and emphasized the trend stretches back further &#8220;over the decades going back to Watergate and the special prosecutor in that case&#8221; in the 1970s.</p>
<p>&#8220;Til now every single court, including the Supreme Court, that has considered the legality of a special counsel appointment has upheld it,&#8221; Garland said.</p>
<p>Cannon, who was nominated to her position by Trump, said that she was dismissing the case because Smith’s appointment violated the Appointments Clause of the U.S. Constitution.</p>
<p>Cannon <a href="https://www.dailywire.com/news/judge-dismisses-trump-classified-documents-case">wrote</a> that the clause &#8220;is a critical constitutional restriction stemming from the separation of powers, and it gives Congress a considered role in determining the propriety of vesting appointment power for inferior officers.&#8221;</p>
<p>She added, &#8220;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.&#8221;</p>
<p>Trump, who is running another campaign for the presidency while facing multiple criminal matters, had pleaded not guilty to dozens of charges related to willful retention of classified documents and obstruction.</p>
<p>The former president <a href="https://truthsocial.com/@realDonaldTrump/posts/112791026080012056" target="_blank" rel="noopener">responded</a> to Cannon&#8217;s ruling by saying on Truth Social, &#8220;This dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts.”</p>
<p>Trump has contended with three other prosecutions while on the 2024 campaign trail, including a 2020 election case led by Smith in Washington, D.C. He is seeking to <a href="https://www.dailywire.com/news/judge-approves-delay-for-trump-sentencing-after-supreme-court-immunity-ruling" target="_blank" rel="noopener">overturn</a> the <a href="https://www.dailywire.com/news/verdict-trump-found-guilty-on-all-charges-in-hush-money-case" target="_blank" rel="noopener">conviction</a> in a New York hush-money case.</p>

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Garland Responds To Dismissal Of Trump Documents Case