The decision by U.S. District Judge Aileen Cannon can be appealed and may be overruled by a higher court.
FILE - Republican presidential candidate former President Donald Trump listens to questions during a presidential debate with President Joe Biden, Thursday, June 27, 2024, in Atlanta.in Florida dismissed the prosecution on Monday, siding with defense lawyers who said the special counsel who filed the charges was illegally appointed by the Justice Department.by U.S.
Defense lawyers filed multiple challenges to the case, including a legally technical one that asserted that special counsel Jack Smith had been illegally appointed under the Constitution’s Appointments Clause because“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 in a 93-page order granting a defense request...
Smith’s team had vigorously contested the Appointments Clause argument during hearings before Cannon last month and told the judge that even if she ruled in the defense team’s favor, the proper correction would not be to dismiss the case. Smith’s team had also noted that the position had been rejected in other courts involving other prosecutions brought by other Justice Department special counsels.
Special Counsel Jack Smith Classified Documents Donald Trump Mar-A-Lago Appointments Clause
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