Trump Reacts to Judge Cannon Dismissal of Jack Smith’s Classified Documents Case
Judge Aileen Cannon on Monday dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
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Judge Aileen Cannon on Monday dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Last July Jack Smith hit Trump with 3 additional charges in the investigation into classified documents stored at Mar-a-Lago. The superseding indictment, filed in the Southern District of Florida, claims Trump was part of a scheme to delete security footage from Mar-a-Lago.
Judge Cannon dismissed the ENTIRE case: . “The clerk is directed to close this case,” Cannon wrote.
“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 in her order.
President Trump reacted to Cannon’s decision.
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!” Trump said on Truth Social.
Earlier this month Judge Aileen Cannon granted Trump’s motion to pause some pre-trial deadlines in Jack Smith’s classified documents case following the Supreme Court’s ruling on presidential immunity.
The Supreme Court ruled 6-3 that Trump has absolute immunity for his core Constitutional powers.
Trump’s attorneys previously asked Judge Cannon to pause the classified documents case and reconsider two motions to dismiss after the Supreme Court’s decision on presidential immunity.
Citing Justice Clarence Thomas’s concurring opinion, President Trump’s lawyers asked Cannon to reconsider the motion to dismiss based on the argument that Jack Smith was unlawfully appointed.
Justice Thomas argued that Jack Smith is not Senate-confirmed (Trump’s lawyers also used this argument before Judge Cannon) – and Cannon agreed.
Last month Judge Cannon grilled Jack Smith’s prosecutor James Pearce over funding for the special counsel, oversight of the team, and whether Jack Smith is a superior or inferior officer.
The special counsel had not released a financial report since September 2023 which is a violation of the 6-month reporting requirement.
Trump’s lawyer Emil Bove argued that Jack Smith’s operation requires “interaction between Congress” but it is “nonexistent.”
Cannon agreed with Trump’s attorneys and dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
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