Judge Cannon emphasized that the appointments clause serves as a default rule, mandating that all “officers of the United States” be appointed by the president and confirmed by the Senate, which Smith was not.
Violation of the Appropriations Clause
The judge also ruled that Smith’s appointment violated the appropriations clause, which prohibits withdrawing money from the U.S. Treasury without Congress’s appropriation. However, she did not delve deeply into this matter, focusing instead on the appointments clause to dismiss the case.
Trump Classified Documents Case Dismissed : Arguments at the Hearing
During a hearing on Trump’s dismissal motion last month, Trump attorney Emil Bove argued that the law Garland cited to appoint Smith authorized the appointment of special attorneys as employees under the attorney general’s authority, not independent officers. He highlighted Garland’s repeated emphasis on Smith’s independence.
Conversely, James Inman Pearce, representing the government, argued that Congress’s 1930 addition of “special attorney” to the law ratified a 60-year history of using independent special prosecutors in prominent scandals.
Trump’s Response
Following Judge Cannon’s order, Trump took to Truth Social to express his views, labeling the prosecution and other cases against him as “witch hunts.”
