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BREAKING: Trump Documents Case Dismissed
A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as a prosecutor for the case violated the appointments clause of the U.S. Constitution.
Trump faced charges of illegally retaining classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.
Judge Aileen Cannon granted former President Donald Trump’s motion to dismiss the case, ruling that when Attorney General Merrick Garland nominated Smith, he violated the appointments clause, which states that “Officers of the United States” must be appointed by the president and confirmed by the U.S. Senate.
Cannon also ruled that Smith’s use of a permanent indefinite appropriation also violates the appropriations clause of the Constitution, but the dismissal solves that issue.
Judge Aileen Cannon dismisses Trump documents case — pic.twitter.com/3vz9thSUyQ— Eliana Johnson (@elianayjohnson) July 15, 2024
President Biden faced an investigation for also reportedly mishandling classified documents. Yet special counsel Robert Hur ultimately recommended against bringing charges against Biden, saying he would likely win over a jury by presenting himself as an “elderly man with a poor memory.”
Former Attorney General Ed Meese and two law professors, Steven Calabresi and Gary Lawson, filed an amicus brief in December arguing that Garland lacked the power to appoint Smith for a different reason. They argued that the attorney general has no authority to appoint a “private citizen to receive extraordinary criminal law enforcement power under the title of special counsel.”
Trump appointed Cannon to the federal bench.
The ruling comes two days after an assassination attempt on Trump’s life at a rally in Butler, Pennsylvania. A shooter struck Trump’s ear before Secret Service killed him.
Former fire chief Corey Comperatore died from a gunshot wound sustained after diving on his family to protect them.
This is a breaking story and will be updated.
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