By The FirstA judge in Florida dismissed Jack Smith’s classified documents case in Mar-a-Lago Monday morning on grounds that the appointment of a special counsel was illegal.
From NBC News:
U.S. District Judge Aileen Cannon, a Trump nominee to the bench, said in her 93-page decision that Smith’s appointment was “unlawful” and unconditional.”The clerk is directed to close this case,” the judge wrote.
The decision came on the first day of the Republican National Convention, and following an assassination attempt on the former president over the weekend.
A White House spokesman referred inquiries on the Trump classified documents case being dismissed to the Department of Justice. The Justice Department, the special counsel’s office and the Trump campaign did not immediately respond to requests for comment.
Garland appointed Smith as special counsel in Nov. 2022, tasking him with overseeing the federal investigations into Trump’s handling and retention of classified documents after he left office as well as his efforts to overturn the 2020 presidential election results.
Trump’s lawyers argued in court papers filed in February that the appointments clause of the Constitution “does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action.”
