Judge Cannon Rules Special Counsel Appointment 'Unconstitutional'
Submitted by MAGA
Posted 41 days ago
Judge Aileen Cannon has ruled that Attorney General Merrick Garland's appointment of special counsel Jack Smith was "unconstitutional." Smith, a private citizen who was not appointed by the president nor confirmed by the Senate, was tasked with prosecuting the classified documents case against former President Donald Trump.
Judge Cannon's decision on Monday to dismiss the classified documents case is a significant development for Trump, who has faced numerous legal challenges since leaving office. The ruling comes just weeks after the Supreme Court agreed that former presidents have immunity for official acts committed in office.
The ruling is expected to be appealed by Smith's office, which could lead to a circuit split and ultimately result in a Supreme Court review. However, the decision has already been met with criticism from some who argue that it is politically motivated.
Former federal prosecutor Joseph Moreno told the Daily Caller News Foundation that the Mar-a-Lago documents case has long been considered the strongest case against Trump. With this decision, it is now indefinitely prolonged and may even fall away, Moreno said.
The ruling is also expected to impact Smith's other prosecution of the former president in Washington, D.C., where Trump was indicted on four counts for alleged efforts to overturn the 2020 presidential election.
While some have criticized the decision as politically motivated, others argue that it is a necessary check on executive power. John Malcolm, vice president for The Heritage Foundation’s Institute for Constitutional Government, told the Daily Caller News Foundation that the appointment of special prosecutors vested with almost unlimited authority and without any input from the legislature was one of the grievances cited against King George III in the Declaration of Independence.
The Constitution's appointments clause was crafted to give Congress a role in the appointment of special prosecutors, Malcolm said. Cannon's opinion points out precisely why Attorney General Merrick Garland's appointment of Smith violates the Constitution, since Congress never passed a statute giving Garland such authority.
The ruling is likely to have significant political implications, particularly as the 2024 presidential election approaches. Trump has already announced his intention to run for president again, and the legal challenges he faces could impact his campaign.
However, some argue that dropping the case entirely would be the smartest political decision in light of President Joe Biden's own history in mishandling classified documents. Moreno told the Daily Caller News Foundation that if Biden is serious about tamping down the hostility and anger in our nation today, he should drop these cases, all of which have significant legal questions and political ramifications.
In any case, the ruling is a significant development in the ongoing legal battles facing former President Donald Trump. It remains to be seen how the case will ultimately be resolved, but it is clear that the decision has already sparked significant debate and controversy.
Sources:
twitchy.com
townhall.com
dailysignal.com
Judge Cannon's decision on Monday to dismiss the classified documents case is a significant development for Trump, who has faced numerous legal challenges since leaving office. The ruling comes just weeks after the Supreme Court agreed that former presidents have immunity for official acts committed in office.
The ruling is expected to be appealed by Smith's office, which could lead to a circuit split and ultimately result in a Supreme Court review. However, the decision has already been met with criticism from some who argue that it is politically motivated.
Former federal prosecutor Joseph Moreno told the Daily Caller News Foundation that the Mar-a-Lago documents case has long been considered the strongest case against Trump. With this decision, it is now indefinitely prolonged and may even fall away, Moreno said.
The ruling is also expected to impact Smith's other prosecution of the former president in Washington, D.C., where Trump was indicted on four counts for alleged efforts to overturn the 2020 presidential election.
While some have criticized the decision as politically motivated, others argue that it is a necessary check on executive power. John Malcolm, vice president for The Heritage Foundation’s Institute for Constitutional Government, told the Daily Caller News Foundation that the appointment of special prosecutors vested with almost unlimited authority and without any input from the legislature was one of the grievances cited against King George III in the Declaration of Independence.
The Constitution's appointments clause was crafted to give Congress a role in the appointment of special prosecutors, Malcolm said. Cannon's opinion points out precisely why Attorney General Merrick Garland's appointment of Smith violates the Constitution, since Congress never passed a statute giving Garland such authority.
The ruling is likely to have significant political implications, particularly as the 2024 presidential election approaches. Trump has already announced his intention to run for president again, and the legal challenges he faces could impact his campaign.
However, some argue that dropping the case entirely would be the smartest political decision in light of President Joe Biden's own history in mishandling classified documents. Moreno told the Daily Caller News Foundation that if Biden is serious about tamping down the hostility and anger in our nation today, he should drop these cases, all of which have significant legal questions and political ramifications.
In any case, the ruling is a significant development in the ongoing legal battles facing former President Donald Trump. It remains to be seen how the case will ultimately be resolved, but it is clear that the decision has already sparked significant debate and controversy.
Sources:
twitchy.com
townhall.com
dailysignal.com
Latest News