| Special Counsel Jack Smith speaks to the press at the US Department of
Justice in Washington, DC, on June 9, 2023, announcing the unsealing of
the indictment against former US President Donald Trump. Special counsel Jack Smith has appealed the ruling that dismissed his
classified records Mar-a-Lago case against former President Donald
Trump stating that his point is valid.
Federal Judge Aileen Cannon dismissed Smith’s case against Trump last
month, saying that it violated “the Appointments Clause of the United
States Constitution.”
On Monday, Smith appealed Cannon’s ruling arguing that he had a “valid point.”
“The district court’s contrary view conflicts with an otherwise
unbroken course of decisions, including by the Supreme Court, that the
Attorney General has such authority, and it is at odds with widespread
and long standing appointment practices in the Department of Justice and
across the government,” Smith argued. “This Court should reverse.”
He continued saying that he was “properly funded through the
congressionally enacted ‘permanent indefinite appropriation’ to ‘pay all
necessary expenses of investigations and prosecutions by independent
counsel appointed pursuant to'” U.S. code.
“The district court’s contrary conclusion depended solely on its
erroneous determination that no ‘other law’ supported the Special
Counsel’s appointment,” he added. “Because its premise was wrong, so was
its conclusion.”
The Appointments Clause states that “ambassadors, other public
Ministers and Consuls, Judges of the Supreme Court, and all other
Officers of the United States be appointed by the President subject to
the advice and consent of the Senate, although Congress may vest the
appointment of inferior officers in the President alone, in the Courts
of Law, or in the Heads of Departments.”
“Upon careful study of the foundational challenges raised in the
Motion, the Court is convinced that Special Counsel’s Smith’s
prosecution of this action breaches two structural cornerstones of our
constitutional scheme – the role of Congress in the appointment of
constitutional officers, and the role of Congress in authorizing
expenditures by law,” Cannon wrote in her decision last month.
“The Framers gave Congress a pivotal role in the appointment of
principal and inferior officers. That role cannot be usurped by the
Executive Branch or diffused elsewhere – whether in this case or in
another case, whether in times of heightened national need or not,” she
continued.
“In the case of inferior officers, that means that Congress is
empowered to decide if it wishes to vest appointment power in a Head of
Department, and indeed, Congress has proven itself quite capable of
doing so in many other statutory contexts. But it plainly did not do so
here, despite the Special Counsel’s strained statutory readings,” Cannon
added.
“In the end, it seems the Executive’s growing comfort in appointing
‘regulatory’ special counsels in the more recent era has followed an ad
hoc pattern with little judicial scrutiny,” she said.
Trump campaign spokesman Steven Cheung reacted to Smith’s appeal and said that every case against Trump should be tossed.
“As we move forward in Uniting our Nation, not only should the
dismissal of the Lawless Indictment in Florida be affirmed, but be
immediately joined by a dismissal of ALL the Witch Hunts,” Cheung said.
“The Democrat Justice Department coordinated ALL of these Political
Attacks, which are an Election Interference conspiracy against Comrade
Kamala’s Political Opponent, President Trump. Let us come together to
END all Weaponization of our Justice System, and Make America Great
Again!”
Trump was charged as a result of Smith’s inquiry into whether he had
any classified materials at his Mar-a-Lago home. He pleaded not guilty
from all 37 felony counts from Smith’s investigation, which included
false statements, conspiracy to obstruct justice, and willful retention
of information related to national defense.
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