Special counsel Jack Smith has filed a notice to appeal a Florida judge's decision to dismiss his case against former President Donald Trump over his handling of classified documents.
U.S. District Judge Aileen Cannon on Monday dismissed Smith's case, saying Attorney General Merrick Garland's appointment of Smith as special counsel was unconstitutional.
“Former President Trump's motion to dismiss the indictment based on the unlawful appointment and funding of Special Counsel Jack Smith is GRANTED pursuant to this Order,” Cannon, a Trump appointee, wrote in Monday's ruling. “The superseding indictment is DISMISSED because Special Counsel Smith's appointment violates the Appointments Clause of the United States Constitution.”
Trump had faced charges arising from Smith's research He pleaded not guilty to all 37 felony counts in the Smith investigation, including willful withholding of national defense information, conspiracy to obstruct justice and making false statements.
DISMISSAL OF CLASSIFIED DOCUMENTS CASE MEANS 'MAXIMUM' LEGAL 'THREAT' TO TRUMP 'IS GONE': EXPERTS
Special Counsel Jack Smith delivers remarks on a newly unsealed indictment that includes four felony counts against former U.S. President Donald Trump at the Department of Justice on August 1, 2023 in Washington, DC. (Alex Wong/Getty Images)
The notice of appeal was filed in the 11th Circuit. The Justice Department had no further comment Wednesday. A spokesman for Smith had previously said that “the dismissal of the case departs from the uniform conclusion of all prior courts that have considered the issue of whether the Attorney General is authorized by law to appoint a Special Prosecutor,” and that the Justice Department has authorized the Special Prosecutor to appeal the court’s order.
The Appointments Clause reads: “Ambassadors, other public ministers, and consuls, Judges of the Supreme Court, and all other Officers of the United States, shall be appointed by the President, subject to the Advice and Consent of the Senate; though the Congress may commit the Appointment of inferior Officers solely to the President, or to the Courts of Justice, or to the Heads of Departments.”
However, Smith was never confirmed by the Senate.
CLARENCE THOMAS ADDRESS THE APPOINTMENT OF SPECIAL PROSECUTOR JACK SMITH IN THE SUPREME COURT IMMUNITY CASE
Former President Donald Trump holds a rally in the historically Democratic South Bronx on May 23, 2024 in New York City. (Spencer Platt/Getty Images)
“After careful consideration of the fundamental challenges raised in the Motion, the Court is convinced that Special Prosecutor Smith's prosecution of this action violates two structural pillars of our constitutional scheme: Congress's role in appointing constitutional officers and Congress's role in authorizing spending by statute,” Cannon wrote Monday.
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A courtroom cartoon shows former President Donald Trump as he appears in federal court in Fort Pierce, Florida, Thursday, March 14, 2024. (Lothar Speer)
“The editors gave to congress “The executive branch cannot usurp that role or spread it to other areas, whether in this case or in another, in times of greater national need or not,” he continued.
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“In the case of lower-ranking officials, that means Congress has the discretion to decide whether to grant appointment powers to a department head, and in fact Congress has proven quite capable of doing so in many other legal contexts. But it clearly did not do so here, despite the special counsel's strained legal interpretations,” Cannon added.
Trump campaign spokesman Steven Cheung reacted to Smith's appeal notice on Wednesday, saying, “As we move forward in uniting our nation after the horrific events of Saturday, this dismissal of the unlawful indictment in Florida should be just the first step, followed quickly by the dismissal of ALL witch hunts.”
“The Democrat-led Department of Justice should immediately stop these politically motivated election interference attempts against President Trump. Let's join together to STOP the weaponization of our justice system and Make America Great Again!” he said.
Cheung was referring to the assassination attempt on Trump at a campaign rally in Pennsylvania days earlier.
Fox News Digital's Bill Mears contributed to this report.
