Judge Aileen Cannon agreed to dismiss the case based on Trump’s argument that special
counsel Jack Smith’s appointment was unlawful. She wrote that his appointment violates the Appointments Clause of the Constitution. “Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?” Cannon wrote. “After careful study of this seminal issue, the answer is no.”
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