Trump Classified Documents Case Dismissed
America ı By Rihem Akkouche
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A Florida federal judge on Monday dismissed the criminal case against former President Donald Trump regarding his alleged illegal retention of classified documents at his Mar-a-Lago estate. The ruling centered on the unconstitutionality of appointing a special prosecutor for the case.
U.S. District Judge Aileen Cannon granted Trump's motion to dismiss the charges, asserting that U.S. Attorney General Merrick Garland lacked the authority under the appointments clause of the U.S. Constitution to appoint Jack Smith as a special prosecutor acting independently.
Trump Classified Documents Case Dismissed : Unconstitutional Appointment
"None of the statutes cited as legal authority for the appointment — 28 U.S.C. §§ 509, 510, 515, 533 — gives the attorney general broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by special counsel Smith," Judge Cannon stated. She added that the special counsel's arguments, historical references, and reliance on out-of-circuit authority were unconvincing.
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."
"The Democrat Justice Department coordinated ALL of these political attacks, which are an election interference conspiracy against Joe Biden's political opponent, ME," Trump posted.
Case Background
Trump was indicted last year alongside his personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira on charges of unlawfully retaining classified material at Mar-a-Lago and obstructing the subsequent investigation.
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