The classified documents case against former President Donald Trump was dismissed Monday morning by U.S. District Judge Aileen Cannon, who said the appointment of special counsel Jack Smith was unconstitutional.
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“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon said. “The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
The Justice Department’s indictment against Trump was unsealed last June, revealing the former president was facing 37 felony charges relating to how he handled classified documents.
The 49-page indictment stated that Trump’s charges include willful retention of national defense information, conspiracy to obstruct justice, corruptly concealing documents or records, and making false statements.
The Justice Department alleged that Trump mishandled classified records “regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack” by removing them from the White House in January 2021.
