Jack Smith’s Other Big Trump Case Could Go Down in Flames After Judge Finds His Appointment ‘Unconstitutional’
A judge’s Monday decision finding special counsel Jack Smith’s appointment “unconstitutional” will almost inevitably end up before the Supreme Court, potentially dooming Trump’s Jan. 6 case along with his classified documents case.
Judge Aileen Cannon ruled that Attorney General Merrick Garland did not have the authority to appoint Smith, a private citizen who was also never appointed by the president nor confirmed by the Senate, to prosecute the case against Trump. Cannon’s decision to dismiss the classified documents case — which comes just weeks after the Supreme Court agreed that former presidents have immunity for official acts committed in office — is good news for Trump that will not be limited to the prosecution in Florida but will likely impact Smith’s other prosecution of Trump in Washington, D.C.
“The Mar-a-Lago documents case has long been considered the strongest one against Trump,” former federal prosecutor Joseph Moreno told the Daily Caller News Foundation. “With this decision, it is now indefinitely prolonged and may even fall away.”
Smith will appeal the ruling, his office said Monday. Smith could appeal Cannon’s ruling to the 11th Circuit Court of Appeals, which will take time and will likely result in a circuit split that would make a Supreme Court review almost certain.
“Although Judge Cannon will, no doubt, be attacked by the Left as a political hack who is doing Trump’s bidding, this would be a grossly unfair characterization,” John Malcolm, vice president for the Heritage Foundation’s Institute for Constitutional Government and former deputy assistant attorney general in the DOJ’s Criminal Division, told the DCNF.
🚨BREAKING: Judge Aileen Cannon has DISMISSED the Trump classified docs case stating that Jack Smith’s appointment by Biden’s DOJ was unconstitutional: pic.twitter.com/wACXrR5MLZ
— Daily Caller (@DailyCaller) July 15, 2024
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