Special Counsel Jack Smith has filed a notice to appeal a Florida judge's decision to toss his case against former President Donald Trump related to his handling of classified documents.
Special Counsel Jack Smith has filed a notice to appeal a Florida judge's decision to toss his case against former President Donald Trump related to his handling of classified documents. U.S. District Judge Aileen Cannon on Monday dismissed Smith's case, citing that Smith's special counsel appointment by Attorney General Merrick Garland was unconstitutional.
The notice of appeal was filed in the 11th Circuit. The Justice Department had no further comment Wednesday. A spokesperson for Smith had previously said that 'the dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,' and that the Justice Department has authorized the Special Counsel to appeal the court’s order.
Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,' Cannon wrote Monday.
The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,' she continued. In the case of inferior officers, that means that Congress is empowered to decide if it wishes to vest appointment power in a Head of Department, and indeed, Congress has proven itself quite capable of doing so in many other statutory contexts. But it plainly did not do so here, despite the Special Counsel’s strained statutory readings,' Cannon added.
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