A legal challenge brought by Trump’s legal team was granted by Judge Aileen Cannon. Judge Cannon’s order justified this base on the Appointments Clause of the Constitution, as Special Counsel Jack Smith’s was not properly appointed by Biden. America’s News Desk says:
Just a day after surviving an assassination attack by a Biden donor, former President Donald Trump received good news from the courtroom.
The former president has been cleared of charges in his classified documents case after his team successfully argued that Merrick Garland acted “unlawfully” in how he targeted the GOP frontrunner.
The Washington Post writes that the federal judge in the case has declared Special Counsel Jack Smith’s appointment to be unconstitutional.
The federal judge overseeing the classified documents charges against former president Donald Trump has dismissed the indictment on the grounds that special counsel Jack Smith was improperly appointed, according to a new court filing Monday.
U.S. District Judge Aileen M. Cannon’s ruling is a remarkable win for Trump, whose lawyers have thrown longshot argument after longshot argument to dismiss the case. Other courts have rejected similar arguments to the one that he made in Florida about Smith’s unlawful appointment.
“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 concluded in her 93-page order.
Judge Eileen Cannon declared, “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
The classified documents case has long faced problems and bordered on the edges of legality. In May, New Conservative Post reported that it appeared the evidence against Trump, following a raid of his home at Mar-a-Lago, was staged by the FBI.
The current president has been found to have had boxes of classified documents from his time in the Senate and as vice president spread throughout several of his offices around the country, including in Pennsylvania, at his home in Delaware, and with his lawyer. Unlike Trump, he did not have the authority to declassify them.
House Republicans have claimed that in at least one circumstance, the president’s son, Hunter Biden, shared classified information with his “business partners.”
This is a great piece of news for the Trump campaign, following the treacherous assassination attempt on President Trump. Although the Biden DOJ might be able to refile this in another District Court, it would take too long before the election. Team Trump will also imminently announce their VP pick.
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