(Daily360.com) – The classified document court case against former President Donald Trump has been dismissed by the judge for violating the constitution. Judge Aileen Cannon ruled that Jack Smith’s appointment was not valid, because he was not appointed by President Biden or confirmed by the Senate. The case dismissal is a huge win for Trump, who would have faced up to 450 years in prison if he was found guilty on all charges.
Judge Cannon said the constitution granted the role of special appointments to Congress and cannot be “usurped” by the executive branch. Trump’s legal team argued that Smith was a “principal officer” because Attorney General Merrick Garland said Smith was acting independently. That type of officer would need to be approved by the Senate. As a result, the legal team asked for a dismissal of the case, which Judge Cannon ultimately granted.
Supreme Court Justice Clarence Thomas wrote a note during his opinion on presidential immunity questioning Garland’s creation of a special counsel that is not allowed under the law. Thomas further explained that this question needs to be explored and answered before prosecution can move forward on the classified documents case.
A legal battle will ensue as Jack Smith will appeal the order, but no resolution will be made in the case before the November presidential election. If Trump becomes the president in 2025, then the DOJ may dismiss the charges under his leadership. The Supreme Court ruled that the DOJ had authority to appoint a special prosecutor in a case that involved Richard Nixon. That precedent is likely to be used as part of Smith’s appeal.
Attorney Ben Meiselas believes that Smith will win the appeal, which will ultimately throw Judge Cannon off the case. Meiselas said special counsels have been used many times, including in the prosecution of Hunter Biden. He said Cannon has decided that the special counsel is only improper when it is a case that involves former President Trump.
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