The decision came following a motion by Trump’s defense team, which argued that Smith’s appointment was unlawful. Cannon wrote in her 93-page decision that Smith’s appointment violates the Appointments Clause of the U.S. Constitution, which requires all “Officers of the United States” — including special counsels — to be appointed by the president and confirmed by the U.S. Senate. Smith was appointed by Attorney General Merrick Garland, rather than the president, and did not undergo Senate confirmation, making his appointment a violation of federal law. “Is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?” Cannon asks, before providing the answer. “After careful study of this seminal issue, the answer is no,” she wrote. “None of the statues cited as legal authority for the appointment 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.” Additionally, Cannon noted that any funds coming from the U.S. Treasury must be done through congressional appropriations. As of September 2023, Smith had received more than $23 million for direct and other expenses, funds that were not authorized by Congress. Cannon further explained that the Appointments Clause is a “critical constitutional restriction” to maintain separation of powers. If the executive branch wanted to grant Garland power to appoint Smith, it should have done so through Congress, she wrote. America’s founders “gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not,” she wrote. The bombshell decision removes one of the major legal challenges dogging Trump just two days after an assassination attempt, and on the day kicking off the Republican National Convention, where he will likely officially become the Republican presidential nominee. The Justice Department is expected to appeal the decision.In a stunning turn of events, Judge Eileen Cannon has dismissed the classified documents case against former President Donald Trump, ruling that the appointment of special counsel Jack Smith was unconstitutional.
