he federal judge overseeing Donald Trump’s classified documents case in the Southern District of Florida dismissed the case Monday on constitutional grounds.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” Judge Aileen Cannon wrote in her order granting Trump’s motion to dismiss.
The judge ruled that no federal statute cited by the Justice Department authorized the appointment of Special Counsel Jack Smith by the Attorney General, meaning he has no authority to prosecute the case.
You can read the order below:
gov.uscourts.flsd_.648653.672.0.pdf
This is the latest roadblock Special Counsel Smith has faced in his prosecutions of former President Trump. His separate case against Trump in Washington, D.C., where the former president is charged with four counts related to his conduct on January 6, had been delayed indefinitely pending an appeal to the Supreme Court on presidential immunity grounds.
The high court ruled earlier this month that the president enjoyed immunity for official acts
and will likely cause further delays as the lower court will now have to determine which acts alleged in his indictment constitute official or private acts before the case can proceed.
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