On Monday, July 15th, Federal Judge Aileen Cannon in the United States dismissed the case against former President Trump regarding mishandling of classified documents, ruling that the appointment of special prosecutor Jack Smith was unconstitutional.
This ruling marks a significant victory for Trump and is the first of four criminal cases he is facing to be completely dismissed.
Judge Cannon stated in her ruling on Monday that rejecting the indictment and appointing special prosecutor Smith violated the Appointment Clause of the U.S. Constitution.
“In the end, it appears that the executive branch has become increasingly accustomed to appointing ‘supervisory’ special prosecutors in recent times, following a temporary model with little judicial review,” Cannon wrote.
The judge said her decision was “limited to this procedure.”
The dismissal order of the indictment also rejected the cases against co-defendants Walt Nauta and Carlos De Oliveira, who were charged together with their employer, former President Trump. Prosecutors are expected to appeal the order.
The Appointment Clause stipulates that officials must be nominated by the president and confirmed by the Senate. The ruling pointed out the distinction between “principal” officers and “inferior” officers, and noted that department heads can appoint inferior officers if Congress legislates to allow it.
Judge Cannon wrote that this is “an important constitutional constraint stemming from the separation of powers,” and that Smith’s appointment “effectively usurped this significant legislative power.”
The defense argued that Smith held the powers of a principal officer but was not appointed through such a process. However, the prosecution contended that Smith was an inferior officer, and the Attorney General had the statutory authority to appoint special prosecutors.
“Dismissing this lawsuit is the only appropriate means to address the violation of the Appointment Clause,” the judge’s ruling stated.