Cannon ruled Smith’s appointment violates the Appointments Clause and granted the motion to dismiss the indictment against Trump. //

Judge Aileen Cannon on Monday threw out the lawfare prosecution against former President Donald Trump for allegedly mishandling classified documents after finding the Biden administration unconstitutionally appointed Special Counsel Jack Smith. //

“None of the statutes cited as legal authority for the appointment … gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith,” the ruling states.

Cannon ruled Congress is granted via the Constitution a “role in determining the propriety of vesting appointment power for inferior officers.”

“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Cannon ruled. “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.” //

“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,” Thomas opined.