BY ELLA LEE AND ZACH SCHONFELD
U.S. District Judge Aileen Cannon on Monday tossed former President Trump’s criminal charges accusing him of mishandling classified information, ruling that special counsel Jack Smith was not lawfully appointed.
The ruling hands a major victory to Trump, marking the first time one of his four criminal cases has been dismissed entirely.
Cannon ruled that no federal law authorized Smith’s appointment.
“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,” Cannon wrote in a 93-page ruling.
“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 said that, after “careful study,” she determined that no legal statute grants an attorney general authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.”
Read Full Article Here…(thehill.com)
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