July 15, 2024
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.
United States District Judge Aileen Cannon in a ruling on Monday dismissing the classified documents trial against former President Donald Trump.
Why It Matters: In the midst of the Republican National Convention – and just days after a failed assassination attempt – a federal judge has dismissed the federal classified documents case against former President Trump. He faced 40 felony counts regarding allegations he willfully kept national security documents and hid them from government authorities after leaving the White House in 2021. He pleaded not guilty and denied any wrongdoing. Why the dismissal? The constitutionality of the special counsel … especially how Special Counsel Jack Smith, a private citizen, was chosen, how the case was funded and whether Smith’s involvement honored the separation of powers outlined in the Constitution. Though this case is closed, a new case, following proper proceedings, can be filed.
Big Picture: Judge Cannon’s dismissal follows Justice Clarence Thomas’s concurrence to the Presidential Immunity ruling earlier this month where Justice Thomas questioned the constitutionality of the special counsel, stating “If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”
Read More: Judge Cannon dismisses Trump documents case (NPR News)
Read Judge Cannon’s ruling.
Read Justice Thomas’s concurrence which addressed Special Counsel Jack Smith. (starts on page 52).
Read the Indictment in question (filed last summer).
Image Credit – Department of Justice
by Aimee Roberts, based in Virginia
