Judge Cannon dismissed Documents case - unlawful appointment

Short explanation as to why she dismissed Deranged Jack Smith's indictment.  Jack Smith is a private citizen, not an officer of the United States appointed by the President with the advice and consent of the Senate.

It's interesting that in her order, she wrote "The effect of this Order is confined to this proceeding."  That means that the case can only be appealed to the 11th Circuit, not to the leftist DC Court of Appeals (which has been smacked down by the SCOTUS in the Fischer -- Joke 6th Enron law persecution attempt -- and Presidential immunity rulings).  Of course, the Biden Regime is going to appeal as part of their "Get Trump" effort.

The independent counsel statute was largely pushed by the Democrat Majority in Congress.  Democrats loved the law when the targets were the Reagan and George H.W. Bush administrations.  Once it was used against Bill Clinton and Democrats, there was bipartisan agreement the law should die.

Janet Reno issued the regulation creating the new "independent counsel," but I suspect that when this ruling gets appealed to SCOTUS, Judge Cannon will be confirmed.  After Chevron, it's clear that the Court isn't going to allow Bureaucrats usurp Congress's power and write their own laws.

Case dismissed bitches!




Former President Donald Trump’s confidential documents case was tossed out by a federal judge in a stunning move in Florida on Monday — eliminating one of his biggest legal liabilities just 113 days before the Nov. 5 election. Judge Aileen Cannon dismissed the case against Trump — a move considered especially significant because the charges were widely viewed as the most likely to score a conviction in any of the four cases against him — on the grounds that the appointment of special counsel Jack Smith to the prosecution violated the Constitution.

Cannon ruled that Congress was required to appoint “constitutional officers” and the legislature was also needed to approve spending for such a prosecution.

“That role cannot be usurped by the executive branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not,” Cannon wrote.

The judge wrote that “Special Counsel Smith’s investigation has unlawfully drawn funds from the Indefinite Appropriation.”

“The Special Counsel’s office has spent tens of millions of dollars since November 2022, all drawn unconstitutionally from the Indefinite Appropriation,” Cannon wrote.

“For more than 18 months, Special Counsel Smith’s investigation and prosecution has been financed by substantial funds drawn from the Treasury without statutory authorization, and to try to rewrite history at this point seems near impossible. The Court has difficulty seeing how a remedy short of dismissal would cure this substantial separation-of-powers violation, but the answers are not entirely self-evident, and the caselaw is not well developed.”

This is not a case of first impression. Both Democratic and Republican judges have previously reviewed the authority for Special Counsel appointments and affirmed the existing provisions. Judge Cannon, a Trump appointee who has demonstrated an unusual deference toward Trump, has already been slapped down twice in blistering rulings by the conservative-leaning 11th Circuit Court of Appeals. She’ll be going down for the third time for this ridiculous dismissal.

It will be overturned. This is Trump corruption by the court he appointed. If you do not see this you are the idiots.