MAGA Florida federal Judge Aileen Cannon on Monday dismissed the entire case against convicted felon former president Trump for stealing classified documents from the White House following his defeat to Joe Biden in the 2020 election, citing the appointments clause of the US Constitution.
“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. US Const, Art II, § 2, cl 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, US Const, Art I, § 9, cl 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds. The effect of this Order is confined to this proceeding,” Cannon wrote in the intro to her order, pursuant to the commands of far right Supreme Court Justice Clarence Thomas in his concurrence with US v Trump earlier this month.