Skip to main content
ap24196754682608.jpg

HUGE RULING: Federal Judge Dismisses Trump Classified Documents Case

Share This article

The federal judge handling the classified documents case against former President Donald Trump in Florida has thrown out the case citing concerns over the appointment of the special prosecutor.

The case was once seen as the most significant legal threat against Trump, but U.S. District Judge Aileen Cannon granted the defense motion to dismiss it on Monday.

Trump's attorneys had argued that special counsel Jack Smith was illicitly appointed, based on the Constitution's Appointments Clause, and that his office was therefore improperly funded by the Justice Department. 

Judge Cannon agreed, writing in her ruling that it's essentially up to the legislative branch to appoint officers such as special prosecutors.

She wrote, "...is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no."

Cannon points to the original intent of America's founders who wrote the Constitution.

“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere - whether in this case or in another case, whether in times of heightened national need or not.”

Her reasoning points to a need for the legislative branch of the U.S. government to provide checks and balances against the potential weaponization of the judicial branch of government. Critics have expressed concern about "lawfare" in recent years – a reference to those who would use prosecutions as a political weapon.

"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," Judge Cannon wrote. "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."

Jack Smith is reportedly planning to appeal the ruling. The case would likely be delayed until after the election.

***Please sign up for CBN Newsletters and download the CBN News app to ensure you keep receiving the latest news from a distinctly Christian perspective.*** 

Share This article

About The Author

Ben Gill Producer Headshot
Benjamin
Gill

Benjamin Gill oversees internet and social media content as the Multimedia Manager for CBNNews.com. He has been on staff with CBN News as an internet and broadcast producer since 2000. Here are some of his commentaries and articles: Pursuing Truth in a World of Fake News: Reflections of a Christian Journalist After 20 Years with CBN News Plagues, the End Times, and Trusting in God's Protection: 'You Will Hear Us and Rescue Us' 12 Powerful Bible Verses to Build Your Faith and Fight Fear During the Coronavirus Crisis 'Beasts of Darkness': The Satanic Hatred that Possessed Connor Betts, and What