Special Counsel Jack Smith on Monday appealed a federal ruling dismissing his classified records case against GOP nominee former President Donald Trump.
Special counsel Jack Smith on Monday appealed federal Judge Aileen Cannon’s ruling dismissing his classified records Mar-a-Lago case against former President Donald Trump, arguing that his appointment is valid. Cannon, the U.S. District Judge for the Southern District of Florida, last month dismissed Smith's case against Trump, ruling that it violated 'the Appointments Clause of the United States Constitution.' Cannon said Smith’s appointment of special counsel was unconstitutional.
Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,' Cannon wrote in her decision last month. 'The Framers gave Congress a pivotal role in the appointment of principal and inferior officers.
In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,' she said. Trump had faced charges stemming from Smith's investigation into his possession of classified materials at his Mar-a-Lago residence.
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