Judge tosses Donald Trump document charges completely after finding prosecutor Jack Smith was ‘unlawfully’ appointed
A FEDERAL judge has dismissed the criminal case against Donald Trump that accused him of mishandling classified documents.
Judge Aileen Cannon ruled on Monday that Special Counsel Jack Smith's appointment in the case violated the Constitution.
In her 93-page order, Cannon wrote because Smith was not appointed the role of special counsel by President Joe Biden or confirmed by the Senate, his role in overviewing the case violated the appointments clause of the Constitution.
"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," Cannon wrote in her ruling.
"The role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.
"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers.
"The role cannot be usurped by the Executive Branch or diffused elsewhere - whether in this case or in another case, whether in times of heightened national need or not."
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