WEST PALM BEACH, FLORIDA — A federal judge tossed out the criminal classified documents case against Donald Trump, ruling that the appointment of special counsel Jack Smith violated the appointments clause of the Constitution.
U.S. District Judge Aileen Cannon issued the ruling today. Trump had been charged with withholding documents and obstructing justice after he left the White House.
According the to ruling by Federal District Judge Aileen Cannon, former President Donald J. Trump's Motion to Dismiss the indictment based upon the unlawful appointment and funding of Special Counsel Jack Smith was granted and the indictment dismissed. The judge ruled that Smith's appointment violated both the Appointments and Appropriations Clauses of the U.S. Constitution.
The Constitution requires a special counsel to be appointed by the president and confirmed by the U.S. Senate. The second objection is from the appropriations clause of the Constitution that prohibits any money being drawn from the U.S. Treasury for the special counsel unless it was specifically appropriated by Congress.
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