A federal judge completely rejected the case of confidential documents against former President Donald J. Trump on Monday (15), based on the ruling that the appointment of special prosecutor, Jack Smith, violated the Constitution.
In a surprising move, Judge Aileen M. Cannon concluded that since Mr. Smith was not appointed to the position of special counsel by the president and confirmed by the Senate, his appointment violated the Constitution’s appointments clause.
Judge Cannon’s decision, who was appointed by Trump, contradicts previous court rulings that upheld the legality of how independent prosecutors were appointed.
In one fell swoop, she eliminated a major legal threat against Trump, who is expected to formally become the party’s presidential candidate this week during the Republican Convention, which starts on Monday (15) in Milwaukee.
Recall the case
The case of the confidential documents was considered one of the strongest criminal cases Trump faced. The accusation was that Trump illegally retained a trove of highly sensitive state secrets after leaving office and then obstructed repeated government efforts to recover them.
Although the prosecutor may appeal the judge’s decision to the Eleventh Circuit, Cannon’s ruling likely ensures that a potential trial on this matter will not occur before the 2024 elections in November.
Source: The New York Times