Post by Admin on Jul 15, 2024 18:34:01 GMT
A federal judge’s decision to dismiss Donald Trump’s classified documents case on Monday was a surprising end to what was once seen as one of the strongest criminal cases brought against the former president last year.
District Judge Aileen Cannon said in a 93-page ruling that the case should be tossed out based on her finding that special counsel Jack Smith, who brought the charges, was unlawfully appointed by Attorney General Merrick Garland.
Her rationale came purely on technical legal grounds and was not based on specifics of Trump’s alleged actions or the strength or weakness of the charges. In fact, she only mentioned the details about Mar-a-Lago and classified documents in one cursory paragraph within the 93-page ruling.
There may be a path for Smith to revive the case, Cannon noted in her ruling, and Smith can appeal the decision.
But the shock decision by Cannon, a Trump appointee whose handling of the case has drawn widespread scrutiny, still handed an enormous legal and political win to the former president on the same day that the Republican National Convention kicked off in Milwaukee.
Trump, soon to be confirmed as the Republican Party’s 2024 presidential nominee, quickly celebrated Cannon’s ruling Monday and, without evidence, again claimed that the now-dismissed case was part of a coordinated political hit job orchestrated by the Justice Department.
Here are the takeaways from Cannon’s ruling:
Smith’s appointment was unconstitutional, Cannon says
Cannon said that Garland’s appointment of Smith in November 2022 violated the US Constitution’s Appointments Clause, which gives presidents the power to appoint officials who must then be confirmed by the Senate.
Smith’s position, the judge wrote, “effectively usurps” Congress’ “important legislative authority” by giving the executive branch, specifically the Justice Department, the power to appoint an official like him.
She concluded that, “Adopting the position of the Special Counsel allows any Attorney General, without Congressional input, to circumvent this statutory scheme and appoint one-off special counsels to wield the immense power of a United States Attorney,” a position that requires Senate confirmation.
“If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so,” Cannon wrote.
Defense attorneys had argued to the judge that Garland’s appointment of Smith was unconstitutional, writing in court papers earlier this year that the Appointments Clause does not afford the attorney general the power to appoint “without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States.”
In appointing Smith, Garland cited a law that grants him the authority to appoint officials to investigate matters “as may be directed by the Attorney General.” Trump’s own Attorney General Bill Barr cited the same statute to appoint then-special counsel John Durham.
District Judge Aileen Cannon said in a 93-page ruling that the case should be tossed out based on her finding that special counsel Jack Smith, who brought the charges, was unlawfully appointed by Attorney General Merrick Garland.
Her rationale came purely on technical legal grounds and was not based on specifics of Trump’s alleged actions or the strength or weakness of the charges. In fact, she only mentioned the details about Mar-a-Lago and classified documents in one cursory paragraph within the 93-page ruling.
There may be a path for Smith to revive the case, Cannon noted in her ruling, and Smith can appeal the decision.
But the shock decision by Cannon, a Trump appointee whose handling of the case has drawn widespread scrutiny, still handed an enormous legal and political win to the former president on the same day that the Republican National Convention kicked off in Milwaukee.
Trump, soon to be confirmed as the Republican Party’s 2024 presidential nominee, quickly celebrated Cannon’s ruling Monday and, without evidence, again claimed that the now-dismissed case was part of a coordinated political hit job orchestrated by the Justice Department.
Here are the takeaways from Cannon’s ruling:
Smith’s appointment was unconstitutional, Cannon says
Cannon said that Garland’s appointment of Smith in November 2022 violated the US Constitution’s Appointments Clause, which gives presidents the power to appoint officials who must then be confirmed by the Senate.
Smith’s position, the judge wrote, “effectively usurps” Congress’ “important legislative authority” by giving the executive branch, specifically the Justice Department, the power to appoint an official like him.
She concluded that, “Adopting the position of the Special Counsel allows any Attorney General, without Congressional input, to circumvent this statutory scheme and appoint one-off special counsels to wield the immense power of a United States Attorney,” a position that requires Senate confirmation.
“If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so,” Cannon wrote.
Defense attorneys had argued to the judge that Garland’s appointment of Smith was unconstitutional, writing in court papers earlier this year that the Appointments Clause does not afford the attorney general the power to appoint “without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States.”
In appointing Smith, Garland cited a law that grants him the authority to appoint officials to investigate matters “as may be directed by the Attorney General.” Trump’s own Attorney General Bill Barr cited the same statute to appoint then-special counsel John Durham.
hunts should be dismissed immediately.'' He argued that the criminal case against him should be dismissed for the purpose of interfering with elections. The rejection is likely to be a major boost, as the Republican convention to officially nominate Trump as the presidential candidate begins on the same day.