Judge Tosses Documents Case Against Trump; Jack Smith Appointment Unconstitutional

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Judge Tosses Documents Case Against Trump; Jack Smith Appointment Unconstitutional
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A federal judge in Florida threw out the prosecution of former President Donald Trump on Monday in the “documents” case because she ruled that Special Counsel Jack Smith had not been appointed in a constitutional or lawful manner.

In the end, it seems the Executive’s growing comfort in appointing “regulatory” special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny. Perhaps this can be traced back to reliance on stray dictum inthat perpetuated in subsequent cases. Perhaps it can be justified practically by the urgency of national crises.

Legal analysts believed that the “documents” case was probably the strongest one against Trump, since he did not enjoy the immunity of office at the time of the alleged conduct. Smith was working as a prosecutor at the International Criminal Court at The Hague. He had been a U.S. Attorney in Nashville, Tennessee, during the Obama administration, but resigned in the first year of the Trump administration.

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