Judge Aileen Cannon granted a motion to dismiss the superseding indictment against former President Trump on Monday, citing a violation of the appointments clause. The decision was based on the argument put forth by Trump's defense team that Special Counsel Jack Smith was unlawfully appointed.
Justice Clarence Thomas also raised concerns about Smith's appointment in his recent concurrence to the Supreme Court immunity ruling. This issue regarding the legality of Smith's appointment has been a focal point in the ongoing investigations involving Trump.