Judge Aileen Cannon has tossed out the case against President Trump over classified Documents because Jack Smith was never confirmed by the Senate and his budget did not come from the House. Both cases Cannon cited are straight from the Constitution that Democrats refuse to recognize. Smith was a private citizen when he was named and that makes him ineligible to prosecute anyone, let alone a former president. Cannon referred to the statement from SCOTUS Justice Clarenmce Thomas.
This decision comes as a significant blow to the Biden regime and the Department of Justice, and causes people to wonder about the ethics of Smith and Garland, but not me, I already knew how corrupt they are. Garland violated the constitution when he picked Smith to head the investigation and the prosecution of President Trump. The decision effectively halts the prosecution led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland.
In her ruling, Judge Cannon wrote:
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.
Const., Art. I, $ 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
The effect of this Order is confined to this proceeding.
VISIT OUR YOUTUBE CHANNELThe court found that Smith’s appointment did not adhere to the Appointments Clause, which requires that principal officers of the United States be appointed by the President and confirmed by the Senate.
The Special Counsel’s use of a permanent indefinite appropriation was also deemed a violation of the Appropriations Clause, although the court did not address the remedy for this funding violation given the dismissal on Appointments Clause grounds.
The case, which stemmed from a grand jury indictment on June 8, 2023, charged Trump with 31 counts of willful retention of national defense information and additional conspiracy and concealment charges against Trump and his co-defendants, Waltine Nauta and Carlos De Oliveira. The indictment was later expanded to 42 charges in a superseding indictment.
President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”
Day one of the expanded evidentiary hearing was held last month.
According to NBC News, President Trump’s lawyers “argued that an officer like the special counsel must be appointed “by law” and that the special counsel should be categorized as a “principal officer” and subject to Senate confirmation. The statutory text cited by the special counsel’s office “does not authorize” the U.S. attorney general’s appointment of the special counsel, his lawyer, Emil Bove, argued.”
Cannon did question whether Attorney General Merrick had any oversight role in seeking the indictment against Trump.
Jack Smith’s prosecutor James Pearce refused to answer and claimed it would be against policy to answer the question.
Clarence Thomas questioned Jack Smith’s authority because he was a private citizen when he was tapped as a special prosecutor.
“I write separately to highlight another way in which this prosecution may violate our constitutional structure. In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that any office for the Special Counsel has been “established by Law,” as the Constitution requires. Art. II, §2, cl. 2. By requiring that Congress create federal offices “by Law,” the Constitution imposes an important check against the President — he cannot create offices at his pleasure. If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President,” Clarence Thomas said.
