U.S. District Judge Aileen Cannon has dismissed the classified documents case against former President Donald Trump in an order Monday morning over the manner in which special counsel Jack Smith was appointed.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” wrote Judge Cannon, who was appointed to the bench by the former president.
Special counsel Jack Smith had contested this argument, and other federal courts had upheld the constitutionality of special counsels.
“None of the statutes 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,” Cannon wrote. “Nor do the Special Counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise.”
Her opinion closely tracked the reasoning outlined by conservative Supreme Court Justice Clarence Thomas in a recent concurrence in a separate case against Trump.
The Justice Department had no immediate comment.
