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From Washington Post:
The federal judge overseeing the classified documents charges against former president Donald Trump has dismissed the indictment on the grounds that special counsel Jack Smith was improperly appointed, according to a new court filing Monday.
U.S. District Judge Aileen M. Cannon’s ruling is a remarkable win for Trump, whose lawyers have thrown longshot argument after longshot argument to dismiss the case. Other courts have rejected similar arguments to the one that he made in Florida about Smith’s unlawful appointment.
“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 concluded in her 93-page order.
This is a developing story. It will be updated.
.....
As far as I understand, Jack Smith has the ability to appeal this with the 11th circuit, who have harshly criticized and overruled Aileen Cannon previously. I hope he also has the ability to demand her complete removal.
The federal judge overseeing the classified documents charges against former president Donald Trump has dismissed the indictment on the grounds that special counsel Jack Smith was improperly appointed, according to a new court filing Monday.
U.S. District Judge Aileen M. Cannon’s ruling is a remarkable win for Trump, whose lawyers have thrown longshot argument after longshot argument to dismiss the case. Other courts have rejected similar arguments to the one that he made in Florida about Smith’s unlawful appointment.
“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 concluded in her 93-page order.
This is a developing story. It will be updated.
.....
As far as I understand, Jack Smith has the ability to appeal this with the 11th circuit, who have harshly criticized and overruled Aileen Cannon previously. I hope he also has the ability to demand her complete removal.
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