A Florida federal judge dismissed the case against former President Donald Trump that alleges he mishandled classified documents after his first term, finding on Monday that the special counsel handling the case was appointed unconstitutionally.
U.S. District Judge Aileen Cannon, a Trump appointee, said in Monday’s order that Attorney General Merrick B. Garland does not have the authority to appoint special counsel John L. “Jack” Smith to handle the allegations against Trump. The order to dismiss the indictment is the latest in a series of setbacks for the prosecutions of the former president, including a Supreme Court decision earlier this month that granted broad immunity to presidents for “official acts” they take in office.
Cannon wrote that no federal law “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.” And she wrote that the Appointments Clause of the Constitution “sets as a default rule” that all officers of the United States must be appointed by the president and confirmed by the Senate, such as a U.S. attorney.
