July 15 (UPI) — A federal judge in Florida dismissed the classified documents case against former President Donald Trump on Monday.
U.S. District Court Judge Aileen Cannon granted Trump’s dismissal of the case, ruling the appointment of special counsel Jack Smith violates the Appointments Clause of the Constitution, according to court documents.
Cannon raised questions about the “broad power” given to Smith. She noted that as of September 2023, Smith has recorded more than $12.8 million in direct expenses from what Cannon called an “indefinite appropriation. She added that there is no supervisor over Smith.
Cannon also argued that the Appointments Clause gives Congress a larger role in the appointment of a special counsel.
“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere,” Cannon wrote. “In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny.”
Cannon’s decision echoes the adjoining opinion of Supreme Court Justice Clarence Thomas, who earlier this month suggested Smith’s appointment was improper. Thomas’ adjoining opinion was written in the decision of an unrelated case to determine to what extent presidential immunity protects Trump from prosecution.
“A private citizen cannot criminally prosecute anyone, let alone a former president,” Thomas wrote.
Smith was appointed in November 2022 to lead the investigation and ensuing prosecution of Trump for allegedly mishandling and refusing to turn over classified documents, including documents related to national security. Trump was indicted on 37 felony charges.
Smith also serves as special counsel in the Washington case against Trump over his role in attempting to overturn the results of the 2020 election and in the Jan. 6, 2021, insurrection at the U.S. Capitol.
