OAN Staff Avril Elfi
Monday, August 26, 2024 6:07 p.m.
Special Counsel Jack Smith has appealed the decision to dismiss the Mar-a-Lago case against former President Donald Trump, arguing that his case stands.
advertisement
Last month, federal Judge Eileen Cannon dismissed Smith’s lawsuit against Trump, finding it violated the Appointments Clause of the U.S. Constitution.
Smith appealed Cannon’s sentence on Monday, arguing he has a “meritorious claim.”
“The district court’s dissent is inconsistent with an otherwise unbroken body of decisions holding that the attorney general has such authority, including the Supreme Court’s, and is at odds with longstanding appointment practices prevalent at the Department of Justice and throughout the government,” Smith argued. “This court should reverse.”
He continued, “Appropriate funding is provided through a ‘permanent indefinite appropriation’ enacted by Congress to pay for all costs necessary for investigation and prosecution by an independent counsel appointed under the United States Code.”
“The district court’s contrary conclusion was based solely on its erroneous determination that there was no ‘other law’ supporting the appointment of a special counsel,” he added. “Because that premise was incorrect, so was the conclusion.”
The Appointments Clause provides that “Ambassadors, other Ministers and Consuls, Justices of the Supreme Court, and all other Officers of the United States are appointed by the President, subject to the Advice and Consent of the Senate, but may leave the appointment of inferior officers to the President alone, or to the Courts, or to the Heads of Departments.”
“After careful consideration of the fundamental issues raised in the motion, the Court is convinced that Special Counsel Smith’s prosecution of this case violates two structural foundations of our constitutional system: Congress’ role in appointing constitutional offices and Congress’ role in authorizing statutory expenditures,” Judge Cannon wrote in his decision last month.
“The framers of the Constitution gave Congress a vital role in the appointment of major and minor officials. That role cannot be usurped or dispersed elsewhere by the executive branch, whether in this case or another, in times of national need or not,” she continued.
“In the case of lower-level officials, Congress has the power to determine whether to vest appointment power in the head of an agency, and in fact Congress has demonstrated the ability to do so in the context of many other statutes. But despite the special counsel’s aggressive interpretation of the statute, Congress clearly has not done so,” Cannon added.
“After all, the administration’s increasing familiarity with appointing ‘regulatory’ special counsels in recent years appears to have followed a haphazard pattern with little judicial scrutiny,” she said.
Trump campaign spokesman Steven Chang responded to Smith’s appeal, saying all of the lawsuits against Trump should be dismissed.
“As we move forward towards national unity, we should not only see the lawless charges in Florida dropped, but we should immediately drop the entire witch hunt,” Chang said. “The Democratic Department of Justice orchestrated all of these political attacks, which are election interference plots against Comrade Kamala’s political opponent, President Trump. Let’s end all weaponization of our justice system and unite to Make America Great Again!”
Trump was indicted as a result of Smith’s investigation into whether he had classified materials at his Mar-a-Lago home. Trump has pleaded not guilty to all 37 felony charges brought in Smith’s investigation, including making false statements, conspiring to obstruct justice and knowingly retaining national defense information.
Stay up to date! Receive the latest news directly in your email for free. Sign up here: https://www.oann.com/alerts
Advertisement below
Please share this post!
