The way they chased the Classified Documents case against Trump was obscene from the beginning. The case against him is now dismissed.
Everything about this case was shady. The coordination between Biden’s White House and the National Archives. The DOJ using members of Trump’s own security detail as informants. Storming Mar-A-Lago with weapons drawn, making a big public spectacle just in time for the 2022 midterms.
There were staged photos leaked to the public just in time , mishandled files, allegations of witness tampering. There were problems with the evidence itself. The grand jury process, on and on and on.
The questions stemming from all of those issues are secondary to another one… did Special Counsel Jack Smith have the authority to actually DO any of the things he did?
Or was he just a glorified political legbreaker with a patina of legitimacy that didn’t survive scrutiny?
According to today’s ruling in Florida… Jack Smith was the latter.
For anyone who has seen Conservatives asking various DOJ witnesses direct questions about which specific statute was used to authorize the appointment of Jack Smith to exercise the powers he’s been using (there isn’t one), they were driving at this exact question.
How legitimate is the appointment of Jack Smith?
The answer to that question came in a lengthy ruling from Judge Cannon.
The ruling hands a major victory to Trump, marking the first time one of his four criminal cases has been dismissed entirely.
Cannon ruled that no federal law authorized Smith’s appointment.
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon wrote in a 93-page ruling.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
Cannon said that, after “careful study,” she determined that no legal statute grants an attorney general authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.” — TheHill
Her decision was confined to this case, but it puts the question of Smith’s legitimacy squarely on the table for other contexts as well.
Unlike all of the AGs, Smith never went through the Senate vetting process of advise and consent.
In other words, hey Jack…
Trump, naturally, is thrilled with the result, and said so in his public statement afterward.
Joe Biden, on the other hand, is probably double-fisting Pepto Bismal these days.
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