Special prosecutor Jack Smith on Wednesday appealed Judge Cannon’s decision to refer the confidential documents case to the 11th Circuit Court of Appeals.
Judge Erin Cannon dismissed Jack Smith’s confidential documents case on Monday, arguing the special prosecutor’s appointment and funding was illegal.
All charges against Trump and his co-defendants Walter Nota and Carlos de Oliveira were dropped.
In June 2023, Jack Smith indicted Trump in Miami on 37 federal counts over his legal storage of presidential records at Mar-a-Lago, which was protected by Secret Service agents.
Trump was charged under the Espionage Act with 31 counts of knowingly withholding national defense information, as well as six other crimes stemming from his conversations with lawyers.
Judge Cannon dismissed the entire case:. “The Clerk is directed to close the case,” Cannon wrote.
Cannon dismissed Jack Smith’s case based on two unconstitutional factors: the appointment of U.S. Attorney Merrick Garland and the unlimited funding provided to Jack Smith — both of which were not approved by Congress.
“After carefully examining the basic challenges raised in the motion, the Court is convinced that Special Counsel Smith’s prosecution of this action violates two structural cornerstones of our constitutional project – Congress’s role in appointing constitutional officers and Congress’s role under the law Authorize expenditures,” Cannon wrote in her order.
“Both the appointment and appropriation challenges raised in the motion raise the following threshold question: Is there a statute in the United States Code authorizing the appointment of Special Counsel Smith to conduct this prosecution?” Judge Cannon wrote. “After taking a closer look at this far-reaching question, the answer is no.”
“The bottom line is this: The Appointments Clause is an important constitutional limitation arising from the separation of powers that gives Congress a considered role in determining the propriety of granting appointments to inferior officials,” the justices filed in 93-page.
“The position of special counsel effectively usurps this important legislative authority, transferring it to department heads and, in the process, threatening the structural freedoms inherent in the separation of powers,” Cannon wrote.
Trump spokesman Steven Chang echoed Jack Smith’s call.
“As we move forward in uniting our country after Saturday’s horrific events, dismissing Florida’s unlawful prosecution should be just the first step, with many to follow,” Trump spokesman Steven Cheung said. All witch hunts will be dismissed soon.
“The Democratic-led Department of Justice should immediately abandon these politically motivated election interference operations against President Trump. Let’s work together to end the weaponization of our judicial system and make America great again!” he said.
