Jack Smith should be writing a thank you note to U.S. District Court Judge Aileen M. Cannon right about now.
By dismissing the so-called classified documents case against Donald Trump and his two co-defendants, Cannon just spared the special counsel and his team months of continued humiliation in her Florida courtroom and, eventually, in front of the nation.
In a 93-page order issued on Monday, Cannon, in her typically cautious and detailed manner, explained why Smith’s appointment violated the Constitution; Attorney General Merrick Garland appointed Smith in November 2022 to take over the Department of Justice’s existing investigations into Trump’s role in the events of January 6 and for allegedly hoarding national defense files at Mar-a-Lago after he left office.
Trump’s lawyers earlier this year filed a motion to dismiss the 40-count indictment, handed down by Smith in July 2023, based on the fact Smith’s appointment violated both the Appointments Clause and and the Appropriations Clause of the Constitution. Smith, of course, opposed the motion, arguing that internal DOJ regulations and a random set of federal statutes—none that specifically designates the appointment of a special counsel since the Independent Counsel Act expired in 1999—enabled his position.
Cannon held nearly two days of hearings on the issue last month, a proceeding that consisted of weedy debate over the definition of “officers” and “officials.” (David Fischer, a criminal defense attorney in the D.C. area, wrote a helpful explainer here.)
Trump’s side received a big boost from former Attorneys General Edwin Meese and Michael Mukasey who warned in an amici brief that Smith’s unconstitutional appointment effectively creates a “shadow government” within the DOJ that violates separation of powers. But the fatal blow likely came at the hand of Supreme Court Justice Clarence Thomas just a few weeks ago. (Read more: Julie Kelly/Substack, 7/15/2024) (Archive)