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Judge Aileen Cannon has dismissed the federal criminal case against former President Donald Trump charging him with amassing highly sensitive national security secrets at his Mar-a-Lago estate and then obstructing government efforts to reclaim them.
Cannon, in a 93-page ruling, concluded that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution. Smith is likely to appeal the ruling. A spokesperson for his office did not immediately respond to a request for comment.
“The Special Counsel’s position effectively usurps … legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” ruled Cannon, who is a Trump appointee.
