By CASEY HARPER | THE CENTER SQUARE
A federal judge in Florida dismissed the classified documents-related criminal case against former President Donald Trump on Monday, saying the appointment of Special Counsel Jack Smith violated the Constitution.
The case could be appealed and go all the way to the U.S. Supreme Court. Many legal experts considered the classified documents case to be Trump’s most difficult legal hurdle, and its removal comes on the first day of the Republican National Convention in Milwaukee and two days after the former president survived an assassination attempt in Butler, Pa.
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia ‘Perfect’ Phone Call charges,” Trump wrote on Truth Social Monday morning. “The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia ‘Perfect’ Phone Call charges,” Trump wrote on Truth Social Monday morning. “The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
Cannon said the process for prosecuting Trump violated the separation of powers by kicking Congress out of the equation.
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” the ruling said. “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.”
The ruling suggests that Trump could still be prosecuted, but this delay will almost certainly push the case beyond the election and may kill it altogether.
“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,” the ruling said. “He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history … or Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause.”
While appointing special counsels has become more common, Cannon argues the practice does not have solid legal footing.
“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,” the ruling said.
The case began when federal authorities raided Trump’s Mar-a-Lago estate in 2022 because he allegedly held on to classified documents and stored them there after leaving the White House.
Notably, President Joe Biden also held on to classified documents after leaving the White House but was not prosecuted. Trump’s critics point out that Biden was quick to hand the documents over when authorities requested them, whereas Trump delayed in complying with the same request.
Not that Trump isn’t guilty, only that the prosecutor didn’t have jurisdiction. Need to get a US Attorney
That might be a little difficult. All evidence collected by Smith is inadmissible as it was obtained improperly by a person assisting law enforcement. The 4th amendment (that pesky thing) prohibits use of any of the evidence. Further, any future evidence obtained based on the actions of Smith’s prior investigation is fruit of the poisonous tree and likewise prohibited. There is no way a US Attorney could resurrect this case.
This case is over. Very very over.
Sorry Greg. The only thing Smith and the DOJ can hope for now is that Trump declines to sue all personally for violating his civil rights under color of law.
You may be right.
Greg you don’t like trump so just sit out this president since you’re not part of the solution.
You are correct Scott.
I’m surprised. Not that Smith, a partisan attack dog, was incorrectly appointed, but that DOJ is so lazy and sanctimonious they didn’t cross t’s and dot i’s before proceeding.
I think the election timeline sped things up. When you rush, you make mistakes.
Luckily there is no exception to the application of the US Constitution that reads “unless we’re incompetent because we’re a hurry…”
So that sounds like the only reason for the charges in the first place was to impact the outcome of the election over phony charges.
Ted Stevens is giving a thumbs up on this call and wandering why they didnt make the right call when the FBI sabotaged his entire campaign.
Nothing like the way the FBI colluded with the entire media and Fake News Empire by telling them Hunter’s laptop was “Russian disinformation” just prior to Biden being installed as their “Big Guy” in chief.
Yeah but in this case, it will probably br appealed. There is case law that let’s the Att. General pick a special counsel. More than likely, the Trump appointed judge got it wrong
Has to be a CURRENT federal employee. He worked for the Hague. So it is written, so shall it be. It’s that simple, Greg.
By the time an appeal could be filed, Garland will be fired (and hopefully in prison) and the DOJ will be purged of the effiminate but vicious mobsters in control. The use of the DOJ, FBI and IC to go after political opponents has to end now or this nation is finished. As far as Trump goes, he is the only one exhibiting leadership and manhood sufficient to setting himself apart from the wanna be ankle biters of the ossified GOP establishment leadership. Their weakness and craveness is pathetic, triggering predators to eviscerate what is left of the Republic. A massive declassification and publishing of incriminating documents needs to occur, to lance the cancerous boils and allow sunlight to disinfect, and bring healing to a near mortally wounded nation.
I guess 2 years is a rush to you Greg ??
A charge of mishandling “classified documents” sounds so treasonous. The pictures of files neatly laid out, the whole staged narrative designed for sound and visual bite mass distribution. The thumb drives containing mass data are compact and far easier to conceal, store, duplicate, transport and sell to political opponents of a targeted person, Trump for example, corporations and to foreign agents (activities which bring the Bush, Clinton and Obama organizations to mind). Our IC, State Department and Pentagon classify anything remotely incriminating of their agencies nefarious activities and stored in seperate silos to insure no one breech brings the entire deck of rotten cards down. The public largely thinks classification is used for actual national security, not realizing classification has become essential to maintain the power structure of our modern police state.
Brian, GREAT COMMENT Sir!
Garland’s screw-up. Smith left the Hague after bribing witnesses for an indictment.
The Dems playbook is falling apart and they and their Deep State handlers are one step away from doing something very desperate and dangerous!
Nonsense. Those boxes were full of a precious National Treasure that belong to ALL Americans such as Martha Washington’s collection of cherry liqueur cordials, blueberry grunt, salmon purée soup, and American trifle recipes. Any taste-tester worth their salt could’ve recreated the recipes in a the shake of a lamb’s tail. No great loss if the toilet overflowed and damaged those piles of bankers boxes spilling over the floor in the spare bathroom.
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