Special Counsel Jack Smith on Wednesday appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals. Judge Cannon had tossed the case based on dual constitutional grounds. First, he was not appointed by the president and confirmed by the Senate, and secondly, the funding should have come from the House, where all appropriations must originate. Thirdly, under the Special Counsel law, expenditures must be reported every six months, and that was never done.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Cannon wrote:
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.”
“Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no.”
“The 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.”
VISIT OUR YOUTUBE CHANNEL“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.”
Trump spokesman Steven Cheung responded :
“As we move forward in uniting our nation after the horrific events on Saturday, this dismissal of the lawless indictment in Florida should be just the first step, followed quickly by the dismissal of ALL of the Witch Hunts.”
“The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately. Let us come together to END the weaponization of our justice system and Make America Great Again!”
Trump had pleaded not guilty to the charges against him in the case and celebrated its dismissal on Monday, saying it was a “first step” and calling for all the cases against him to be thrown out. “Let us come together to END all Weaponization of our Justice System, and Make America Great Again!” Trump wrote on Truth Social.
Cannon’s dismissal ruling is one of several setbacks prosecutors in the criminal cases against Trump have had in recent weeks. The Supreme Court ruled in July Trump is immune from criminal charges based on any “official acts” he took while in office, which is likely to narrow the scope of the charges against him in his federal case for trying to overturn the 2020 election. That case is expected to soon resume in federal district court, and the proceedings over what acts can still be prosecuted is likely to further delay the case going to trial. The questions over Trump’s immunity also delayed sentencing after Trump was convicted in New York for falsifying business records, as the ex-president has asked for the verdict to be thrown out because evidence was used at trial that shouldn’t have been allowed. Trump’s case in Georgia for trying to overturn the 2020 election is also on pause as an appeals court considers whether Fulton County District Attorney Fani Willis should be disqualified. A hearing was scheduled in that dispute for December, meaning the case won’t go to trial until 2025 at the earliest.
