<p>Special counsel <a href="https://www.dailywire.com/topic/jack-smith" target="_blank" rel="noopener">Jack Smith</a>&#8216;s classified documents case against former President <a href="https://www.dailywire.com/topic/donald-trump" target="_blank" rel="noopener">Donald Trump</a> was dismissed by the presiding federal judge in Florida on Monday.</p>
<p>District Court Judge Aileen Cannon, who was nominated to her position by Trump, <a href="https://x.com/alexsalvinews/status/1812849238142808471" target="_blank" rel="noopener">said</a> Smith&#8217;s appointment as special counsel was unconstitutional.</p>
<p>The indictment &#8220;is DISMISSED because Special Counsel Smith&#8217;s appointment violates the Appointments Clause of the U.S. Constitution,&#8221; Cannon wrote in an <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.672.0_2.pdf" target="_blank" rel="noopener">order</a> granting Trump&#8217;s motion to dismiss.</p>
<p>Cannon also found that Smith&#8217;s &#8220;use of a permanent indefinite appropriation&#8221; violated the Appropriations Clause of the Constitution, but she said the court &#8220;need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.&#8221;</p>
<p>The judge further stated the &#8220;effect of this Order is confined to this proceeding.&#8221;</p>
<p>In a post to Truth Social, Trump <a href="https://truthsocial.com/@realDonaldTrump/posts/112791026080012056" target="_blank" rel="noopener">declared,</a> &#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.&#8221;</p>
<p>A spokesman for Smith, Peter Carr, indicated in a statement that the special counsel would file an appeal.</p>
<p>The dismissal &#8220;deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,&#8221; <a href="https://x.com/maxpcohen/status/1812961939385164222" target="_blank" rel="noopener">Carr said</a>. &#8220;The Justice Department has authorized the Special Counsel to appeal the court’s order.&#8221;</p>
<p>CNN <a href="https://www.cnn.com/2024/06/21/politics/aileen-cannon-trump-classified-documents-special-counsel-constitutional-hearing/index.html" target="_blank" rel="noopener">reported</a> that defense lawyers and prosecutors argued for and against dismissal on constitutional grounds last month.</p>
<p>While Trump&#8217;s legal team said that Smith&#8217;s position was tantamount to a &#8220;shadow government&#8221; without Senate confirmation, prosecutors contended the special counsel was properly appointed and they were &#8220;following&#8221; the rules.</p>
<p>Cannon said on Monday the &#8220;bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers.&#8221;</p>
<p>The judge 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>Because the whole indictment in the case had been dismissed, the charges against co-defendants Walt Nauta and Carlos De Oliveira were also dropped, <a href="https://www.washingtonpost.com/national-security/2024/07/15/trump-classified-trial-dismisssed-cannon/" target="_blank" rel="noopener">according to The Washington Post</a>.</p>
<p>The dismissal comes two days after Trump survived an assassination attempt at a rally in Pennsylvania. A gunman opened fire and a bullet ripped through Trump&#8217;s ear. Secret Service personnel killed the shooter, but not before one rally-goer was killed and two others were injured.</p>
<p>Smith was <a href="https://www.dailywire.com/news/breaking-merrick-garland-to-name-special-counsel-to-determine-charges-against-trump-report" target="_blank" rel="noopener">appointed</a> as special counsel by Attorney General Merrick Garland in November 2022. He was tasked with taking over the investigations into Trump&#8217;s retention of classified documents after leaving office and a second one related to the 2020 election.</p>
<p>Trump has contended with four criminal prosecutions while running another campaign for the White House. For the classified documents case in particular, he faced <a href="https://www.cbsnews.com/news/read-trump-indictment-text-pdf-superseding-new-charges-documents-case/" target="_blank" rel="noopener">dozens of charges</a> related to willful retention of classified documents and obstruction.</p>
<p>Smith is still leading the case in Washington, D.C., that led to charges against Trump related to the 2020 election. Fulton County District Attorney Fani Willis is spearheading a separate 2020 election case in Georgia that also resulted in charges.</p>
<p>The former president has pleaded not guilty throughout. He has also had to deal with gag orders in some of the cases.</p>
<p>In May, a jury convicted Trump on dozens of felony counts in a New York hush-money case. Sentencing has been <a href="https://www.dailywire.com/news/judge-approves-delay-for-trump-sentencing-after-supreme-court-immunity-ruling" target="_blank" rel="noopener">postponed</a> until at least September as Trump seeks to get the conviction thrown out after the Supreme Court ruled that he has immunity for official acts.</p>

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Judge Dismisses Trump Classified Documents Case