Federal Judge Aileen Cannon has ruled that Special Counsel Jack Smith's appointment is unlawful because he was not confirmed by the Senate. This decision comes as Trump faces charges in an election subversion case brought by Smith. Trump has pleaded not guilty to all charges and has criticized the investigation as a politically motivated witch hunt.
Federal Judge Aileen Cannon has ruled that Special Counsel Jack Smith's appointment is unlawful because he was not confirmed by the Senate. This decision comes as former President Donald Trump faces charges in an election subversion case brought by Smith. Trump has pleaded not guilty to all charges and has criticized the investigation as a politically motivated witch hunt.
Smith was appointed as Special Counsel by Attorney General Merrick Garland in November 2022 to investigate Trump's role in the January 6, 2021, attack on the U.S. Capitol. Smith is also investigating Trump's handling of classified documents after he left office.
Judge Cannon Rules Jack Smith's Appointment 'Unlawful' in Trump Classified Documents Case
In her ruling, Cannon argued that Smith's appointment violates the Appointments Clause of the U.S. Constitution, which requires certain high-level executive branch officials to be confirmed by the Senate. Cannon also noted that Smith is a registered Democrat, raising concerns about his political bias.
The Justice Department has filed an appeal of Cannon's ruling. The department argues that Smith's appointment is lawful and that he is not required to be confirmed by the Senate because he is not a "principal officer" of the United States.
Judge Cannon Rules Jack Smith's Appointment 'Unlawful' in Trump Classified Documents Case
Trump has praised Cannon's ruling and has called for Smith to be removed from the investigation. Democrats have criticized the ruling and have accused Trump of trying to undermine the rule of law.
The ruling is a major setback for the Justice Department's investigation into Trump. It is unclear whether the department will be able to successfully appeal Cannon's decision. If the ruling is upheld, it could delay or even derail the investigation.
Judge Cannon Rules Jack Smith's Appointment 'Unlawful' in Trump Classified Documents Case
In addition to the ruling on Smith's appointment, Cannon also released a key filing in Smith's election case against Trump. In the filing, Smith alleges that Trump "resorted to crimes to try to stay in office" after losing the 2020 presidential election. Smith claims that Trump conspired with others to interfere with the federal government's election process and to obstruct the official proceeding in which Congress certifies the presidential election.
Trump has denied all of the allegations against him. He has called the investigation a "witch hunt" and has accused Smith of being politically motivated.
Judge Cannon Rules Jack Smith's Appointment 'Unlawful' in Trump Classified Documents Case
The trial in the election subversion case against Trump is set to begin after the 2024 presidential election. However, it is unclear whether the trial will actually take place if Cannon's ruling on Smith's appointment is upheld.
