The Department of Justice has authorized special counsel Jack Smith to appeal U.S. District Judge Eileen Cannon’s Monday ruling tossing out the classified records lawsuit against former President Trump, Fox News Digital has learned.
“The dismissal of this case departs from the uniform conclusion of all previous courts that have considered the issue of whether the Attorney General has the legal authority to appoint a special counsel. The Department of Justice has granted the special counsel leave to appeal the court’s order,” Peter Carr, a spokesman for Smith’s office, told Fox News Digital.
Trump was facing charges stemming from the Smith investigation into the possession of classified materials at his Mar-a-Lago estate. He had pleaded not guilty to all 37 felony charges brought in the Smith investigation, including knowingly retaining national defense information, conspiracy to obstruct justice and making false statements.
Cannon dismissed the lawsuit. Trump The ruling concerned the handling of classified documents, and some legal experts called it a “strongly reasoned” decision that eliminated “the greatest legal threat” to Trump.
Dismissal of classified documents lawsuit means ‘biggest’ legal ‘threat’ against Trump ‘disappears’: expert
Donald Trump and Jack Smith. (Getty Images)
She also dismissed the indictment against Trump, finding it violated the “Appointments Clause of the United States Constitution.”
On Monday, Cannon released a 93-page opinion. Special Prosecutor Jack Smith It was unconstitutional to oversee this case.
It is unclear whether Smith will formally appeal the sentence.
Following the verdict, Trump spoke to Fox News anchor and editor of “Brett Baier’s Special Report,” saying: – “I was thrilled that the judge had the courage and wisdom to make this decision, which will have a profound impact not only on this case but on other cases,” he said.
“The special counsel worked with everybody to try to take me down,” Trump added from Milwaukee, where the Republican National Convention is being held this week. “This is a huge deal. This convention will only get more positive. This is going to be a great week.”
Trump Classified Documents Judge Expands Hearing to Consider ‘Illegal’ Appointment of Special Counsel Jack Smith
Former President Donald Trump and Special Counsel Jack Smith (Getty Images)
The Appointments Clause states that “Ambassadors, other Ministers and Consuls, Justices of the Supreme Court, and all other Officers of the United States shall be appointed by the President, with and by the Advice and Consent of the Senate, but the appointment of inferior Officers may be left to the President alone, or to the Courts, or to the Heads of Departments.” However, Smith was not confirmed by the Senate.
“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,” Cannon wrote.
Clarence Thomas criticizes appointment of special counsel Jack Smith in Supreme Court immunity case
Former President Donald Trump sits between his lawyers Todd Blanche and John Lauro as he is indicted before Magistrate Judge Mokshila A. Upadhyaya on charges of conspiring to overturn his 2020 presidential election defeat in federal court in Washington, U.S., on August 3, 2023. In the courtroom sketch, Special Counsel Jack Smith, at far left, is in the courtroom. (Reuters/Jane Rosenberg)
“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 grant appointment power to agency heads, and in fact Congress has demonstrated the ability to do so in the context of many other statutes. But Congress has clearly not done so, despite the special counsel’s aggressive interpretation of the statute,” 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.
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Earlier this month, Trump requested a partial stay on the classified documents lawsuit after the U.S. Supreme Court ruled that the president has effective immunity for official business performed while in office.
Fox News’ David Spunt and Jake Gibson and Fox News Digital’s Anders Hagstrom contributed to this report.
