Judge Aileen Cannon has dismissed the Justice Department's classified documents case against Donald Trump.
, ruling that the appointment of Special Counsel Jack Smith — who has been overseeing the Justice Department’s two cases against the former president — was unconstitutional.
In a Monday decision, Cannon sided with Trump’s attorneys that the appointment of Special Counsel Jack Smith was inherently “unlawful.” The decision comes weeks after the Supreme Court“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,” Cannon wrote.
With this ruling, Cannon has effectively usurped the long-standing structure surrounding the appointment of special counsels by the Justice Department. Earlier this month, the Supreme Court ruled that presidents are entitled to immunity from prosecution for official acts committed while in office. The case that came before the court stemmed from a challenge to a separate indictment brought by Smith against Trump over his efforts to interfere with the results of the 2020 election.
“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,” he added. on 34 felony counts of falsifying business records in New York this May, but sentencing was delayed following the Supreme Court’s immunity ruling.
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